
    The State of Ohio, Appellant, v. Wilhelm, Appellee.
    [Cite as State v.
    (No. 97-1054
    Submitted March 4, 1998
    Decided April 22, 1998.)
    
      John F. Holcomb, Butler County Prosecuting Attorney, Daniel G. Eichel and Jeffrey P. Giuliano, Assistarit Prosecuting Attorneys, for appellant.
    
      Fred Miller, for appellee.
   The judgment of the court of appeals is reversed on the authority of Dayton v. Erickson (1996), 76 Ohio St.3d 3, 665 N.E.2d 1091.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.

Pfeifer, J.,

dissents and would affirm the judgment of the court of appeals for the reasons stated in his dissenting opinión in Dayton v. Erickson (1996), 76 Ohio St.3d 3, 12-13. 665 N.E.2d 1091, 1098.  