{¶ 1} The judgment of the court of appeals is affirmed with respect to the issues presented in Proposition of Law Nos. I and II on the authority of State v. Tooley, 114 Ohio St.3d 366, 2007-Ohio-3698, 872 N.E.2d 894.

{¶ 2} As to Proposition of Law No. Ill, the cause is dismissed, sua sponte, as having been improvidently accepted.