
    The State of Ohio, Appellant, v. Fette, Appellee.
    [Cite as State v. Fette (1990), 52 Ohio St. 3d 602.]
    (No. 89-926
    Submitted May 8, 1990
    Decided June 20, 1990.)
    
      Richard A. Castellini, city solicitor, Terrence R. Cosgrove, city prosecutor, and Frank H. Prouty, Jr., for appellant.
    
      James M. Looker, for appellee.
   The appeal is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J., Sweeney, Wright, H. Brown and Resnick, JJ., concur.

Holmes, J., dissents with opinion.

Douglas, J., dissents.

Holmes, J.,

dissenting. I would reverse the judgment of the court of appeals.  