
    The State of Ohio, Appellant, v. Spitalieri, Appellee.
    [Cite as State v. Spitalieri (1989), 46 Ohio St. 3d 605.]
    (No. 88-1552
    — Submitted October 10, 1989 —
    Decided November 8, 1989.)
    
      Steven C. LaTourette, prosecuting attorney, for appellant.
   This appeal is dismissed, sua sponte, as having been improvidently allowed.

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

Moyer, C.J., and Douglas, J., separately dissent.

Moyer, C.J., dissenting. I would affirm the decision of the court of appeals.  