
    The State Of Ohio, Appellant, v. Zachery, Appellee.
    [Cite as State v. Zachery (1997), 79 Ohio St.3d 1205.]
    
      (No. 96-1029
    Submitted May 7, 1997
    Decided June 18, 1997.)
    
      Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Jeffrey M. Patzer, Assistant Prosecuting Attorney, for appellant.
    
      David H. Bodiker, State Public Defender, and Thomas R. Wetterer, Jr., Assistant State Public Defender, for appellee.
   The appeal is dismissed, sua sponte, as having been improvidently allowed.

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

Douglas, J., dissents.

Cook, J., dissents and would reverse the judgment of the court of appeals.  