[Cite as State v. Rosenberg, 107 Ohio St.3d 1209, 2005-Ohio-6510.]




            THE STATE OF OHIO, APPELLANT, v. ROSENBERG, APPELLEE.
      [Cite as State v. Rosenberg, 107 Ohio St.3d 1209, 2005-Ohio-6510.]
Appeal dismissed as improvidently accepted.
(No. 2005-0459 — Submitted October 12, 2005 — Decided December 28, 2005.)
               APPEAL from the Court of Appeals for Cuyahoga County,
                              No. 84457, 2005-Ohio-101.
                                 __________________
        {¶ 1} The cause is dismissed, sua sponte, as having been improvidently
accepted.
        MOYER, C.J., RESNICK, PFEIFER, O’CONNOR, O’DONNELL and LANZINGER,
JJ., concur.
        LUNDBERG STRATTON, J., dissents.
                                 __________________
        LUNDBERG STRATTON, J., dissenting.
        {¶ 2} For the reasons set forth in my dissenting opinion in State v.
Cummings, 107 Ohio St.3d 1206, 2005-Ohio-6506, ___ N.E.2d ___, I respectfully
dissent.
                                 __________________
        William D. Mason, Cuyahoga County Prosecuting Attorney, and Mark J.
Mahoney, Assistant Prosecuting Attorney, for appellant.
        Thomas Rein, for appellee.
                               ______________________




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