
    The State of Ohio, Appellee, v. Rice, Appellant.
    [Cite as State v. Rice (1990), 50 Ohio St. 3d 51.]
    (No. 89-191
    Submitted February 7, 1990
    Decided March 7, 1990.)
    
      Steven C. LaTourette, prosecuting attorney, Karen Lutz Kowall and Michael P. Brown, for appellee.
    
      Paul Mancino, Jr., for appellant.
   The judgment of the court of appeals is reversed on authority of State v. Gaines (1989), 46 Ohio St. 3d 65, 545 N.E. 2d 68.

Judgment reversed.

Moyer, Sweeney, Wright and H. Brown, JJ., concur.

Holmes, Douglas and Resnick, JJ., dissent.

Douglas, J.,

dissenting. I would affirm the judgment of the court of appeals on the authority of State v. Murphy (1990), 49 Ohio St. 3d 206, 551 N.E. 2d 932, decided this date.  