
    Penrod, Appellee, v. Prosecuting Attorney of Scioto County, Appellant.
    [Cite as Penrod v. Scioto Cty. Pros. Atty. (1991), 59 Ohio St. 3d 602.]
    (No. 90-999
    Submitted March 12, 1991
    Decided April 24, 1991.)
    
      Charles E. Smith and James Scott Smith, for appellee.
    
      Lynn A. Grimshaw, prosecuting attorney, andi?. Randolph Rumble, for appellant.
    
      David L. Landefeld, urging reversal for amicus ' curiae, Ohio Prosecuting Attorneys Association.
   The appeal is dismissed, sua sponte, as having been improvidently allowed.

Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Moyer, C.J., dissents.

Moyer, C.J.,

dissenting. I would affirm the judgment of the court of appeals for the reasons stated in that court’s opinion rendered on April 3, 1990.  