
    The State of Ohio, Appellant, v. Posey, Appellee.
    [Cite as State v. Posey (2000), 89 Ohio St.3d 1216.]
    (No. 99-1581
    Submitted May 9, 2000
    Decided June 21, 2000.)
    
      Joseph W. Diemert, Jr., Director of Law, and Frederick W. Andreas, Assistant Director of Law, for appellant.
    
      Richard P. Martin Co., L.P.A., and David C. Perduk, for appellee.
   The cause is dismissed, sua sponte, as having been improvidently allowed.

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

Resnick, J., dissents.

Alice Robie Resnick, J.,

dissenting. This case presents issues that warrant merit review. I would not dismiss it as improvidently allowed.  