
    The State of Ohio, Appellant, v. Nelson, Appellee.
    [Cite as State v. Nelson (1988), 39 Ohio St. 3d 605.]
    (No. 87-1724
    Submitted October 4, , 1988 —
    Decided November 9, 1988.)
    
      William F. Schenck, prosecuting attorney, for appellant.
    
      Rudd, Silverberg, Zaharieff & Orlins Co., L.P.A., and Anthony J. Zaharieff, for appellee Steven Eugene Nelson.
   This cause is dismissed, sua spcmte, as having been improvidently allowed.

Moyer, C,J., Sweeney, Locher, Holmes, Douglas and H. Brown, JJ., concur.

Wright, J., dissents.

Wright, J.,

dissenting. I would reach the merits of this cause and I would affirm.  