{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.
Lundberg Stratton, J., dissents and would order briefing.
*299Kenneth Oswalt, Licking County Prosecuting Attorney, and Rachel Otkavec, Assistant Prosecuting Attorney, for appellee.
Todd W. Barstow, for appellant.