
    The State of Ohio, Appellant, v. Garretson, Appellee.
    [Cite as State v. Garretson (2001), 91 Ohio St.3d 1267.]
    (No. 00-1462
    Submitted April 3, 2001
    Decided May 23, 2001.)
    
      Timothy A. Oliver, Warren County Prosecuting Attorney, and Kenneth A. Ewing, Assistant Prosecuting Attorney, for appellant.
    
      James N. Perry, for appellee.
    
      Betty D. Montgomery, Attorney General, David M. Gormley, State Solicitor, and Jonathan R. Fulkerson, Assistant Attorney General, urging reversal for amicus curiae, Attorney General of Ohio.
   The cause is dismissed, sua sponte, as having been improvidently allowed because the issue is now moot.

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

Lundberg Stratton, J., dissents.

Lundberg Stratton, J.,

dissenting. I respectfully dissent from the majority’s decision to dismiss the cause as moot. Rather, I would find that pursuant to R.C. 2949.05, the trial court had jurisdiction to execute its sentence. Therefore, I would reverse the judgment of the court of appeals and reinstate the judgment of the trial court.  