
    The State of Ohio, Appellant, v. Delgado, Appellee.
    [Cite as State v. Delgado (1998), 83 Ohio St.3d 434.]
    (No. 98-982
    Submitted August 19, 1998
    Decided October 28, 1998.)
    
      Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and L. Christopher Frey, Assistant Prosecuting Attorney, for appellant.
   The discretionary appeal is allowed.

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.  