
    The State of Ohio, Appellee, v. Tolbert, Appellant.
    [Cite as State v. Tolbert (1992), 63 Ohio St.3d 1203.]
    (No. 90-2359
    Submitted January 21, 1992
    Decided March 4, 1992.)
    
      Arthur M. Ney, Jr., Prosecuting Attorney, and Ronald W. Springman, for appellee.
    
      H. Fred Hoefle, for appellant.
    
      Randall M. Dana, Ohio Public Defender, and Gregory L. Ayers, urging reversal for amicus curiae, Ohio Public Defender Commission.
    
      Hobson & Kolman and Gordon Hobson, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.
   The appeal is dismissed, sua sponte, as having been improvidently allowed.

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

Moyer, C.J., dissents and would affirm the judgment of the court of appeals with an opinion.

Wright, J., dissents.  