
    The State of Ohio, Appellee, v. Whorton, Appellant.
    [Cite as State v. Whorton (1990), 51 Ohio St. 3d 121.]
    (No. 88-2085
    Submitted April 18, 1990
    Decided May 23, 1990.)
    
      Lee C. Falke, prosecuting attorney, and Lorine M. Reid, for appellee.
    
      Kurt R. Portmann, county public defender, and Barbara V. Thompson, for appellant.
   The judgment of the court of appeals is affirmed on authority of State v. Murphy (1990), 49 Ohio St. 3d 206, 551 N.E. 2d 932, for the reasons stated in Murphy and not for the reasons stated by the court of appeals.

Moyer, C.J., Holmes, Douglas, Wright and Resnick, JJ., concur.

Sweeney and H. Brown, JJ., dissent.

H. Brown, J.,

dissenting. I believe that on the record in this case, our holding in State v. Gaines (1989), 46 Ohio St. 3d 65, 545 N.E. 2d 68, is applicable. Accordingly, I would reverse.

Sweeney, J., concurs in the foregoing dissenting opinion.  