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[Cite as State v. Posey, 89 Ohio St.3d 1216, 2000-Ohio-132.]




THE STATE OF OHIO, APPELLANT, v. POSEY, APPELLEE.
[Cite as State v. Posey (2000), 89 Ohio St.3d 1216.]
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.
__________________

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. This case presents issues that
warrant merit review. I would not dismiss it as improvidently allowed.

 

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