[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 469.]

THE STATE OF OHIO, APPELLANT, v. NUTT, APPELLEE. [Cite as State v. Nutt, 2000-Ohio-492.]

Criminal law—Court of appeals’ judgment affirmed on other grounds on authority of State ex rel. Bray v. Russell. (No. 99-1940—Submitted July 25, 2000—Decided August 23, 2000.)

APPEAL from the Court of Appeals for Pickaway County, No. 98-CA-36. __________________ P. Eugene Long II, Pickaway County Prosecuting Attorney, and Alan F.

Sedlak, Assistant Prosecuting Attorney, for appellant.

David H. Bodiker, Ohio Public Defender, Jill E. Stone, Alison M. Clark and Stephen P. Hardwick, Assistant State Public Defenders, for appellee. __________________ {¶ 1} The judgment of the court of appeals is affirmed on other grounds on the authority of State ex rel. Bray v. Russell (2000), 89 Ohio St.3d 132, 729 N.E.2d 359.

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

DOUGLAS, J., dissents. __________________