
    In re Moore.
    [Cite as In re Moore (2001), 93 Ohio St.3d 212.]
    (No. 01-728
    Submitted July 17, 2001
    Decided September 19, 2001.)
    
      David H. Bodiker, State Public Defender, Janine Salloum Ashanin, Assistant Public Defender, for appellant.
    
      Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Johnna M. Shia, Assistant Prosecuting Attorney, for appellee.
   The discretionary appeal is allowed.

The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for consideration of In re Anderson (2001), 92 Ohio St.3d 63, 748 N.E.2d 67.

Moyer, C.J., Douglas, Resnick, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

F.E. Sweeney, J., dissents and would affirm the judgment of the court of appeals.  