[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 1216.]

THE STATE OF OHIO, APPELLANT, v. POSEY, APPELLEE. [Cite as State v. Posey, 2000-Ohio-132.] Appeal dismissed as improvidently allowed. (No. 99-1581—Submitted May 9, 2000—Decided June 21, 2000.) APPEAL from the Court of Appeals for Summit County, No. 19266. __________________ Joseph W. Diemert, Jr., Director of Law, and Frederick W. Andreas, Assistant Director of Law, for appellant. Richard P. Martin Co., L.P.A., and David C. Perduk, for appellee. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., DOUGLAS, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. RESNICK, J., dissents. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} This case presents issues that warrant merit review. I would not dismiss it as improvidently allowed. __________________