
    The State of Ohio, Appellant, v. Arbaugh, Appellee.
    [Cite as State v. Arbaugh (1997), 78 Ohio St.3d 133.]
    (No. 96-2736
    Submitted March 4, 1997
    Decided April 9, 1997.)
    
      Robert L. Konstam, Mansfield Law Director, and David L. Remy, Assistant Law Director, for appellant.
   The discretionary appeal is allowed.

The judgment of the court of appeals is reversed on the authority of Hilliard v. Elfrink (1996), 77 Ohio St.3d 155, 672 N.E.2d 166. The cause is remanded to the court of appeals for that court to address appellant’s remaining assignment of error, which was found to be moot.

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