[This opinion has been published in Ohio Official Reports at 86 Ohio St.3d 1220.]

THE STATE OF OHIO, APPELLANT, v. BRUNI, APPELLEE. [Cite as State v. Bruni, 1999-Ohio-242.]

Appeal dismissed as improvidently allowed. (No. 98-2276—Submitted September 15, 1999—Decided October 6, 1999.)

APPEAL from the Court of Appeals for Stark County, No. 98CA00105. __________________ Robert D. Horowitz, Stark County Prosecuting Attorney, and Frederic R. Scott, Assistant Prosecuting Attorney, for appellant.

Kenneth R. Spiert, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________