
    The State of Ohio, Appellant, v. Davis, Appellee.
    [Cite as State v. Davis (1998), 83 Ohio St.3d 433.]
    (No. 98-993
    Submitted September 15, 1998
    Decided October 28, 1998.)
    
      Robert P. DeSanto, Ashland County Prosecuting Attorney, and John L. Good, Assistant Prosecuting Attorney, for appellant.
    
      David H. Bodiker, State Public Defender, and Kevin Fahey, Assistant Public Defender, for appellee.
   The discretionary appeal is allowed.

The discretionary cross-appeal is denied.

The judgment of the court of appeals is reversed on the authority of State v. Rush (1998), 83 Ohio St.3d 53, 697 N.E.2d 634.

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