The discretionary appeal is allowed.
The discretionary cross-appeal is denied.
The judgment of the court of appeals is reversed on the authority of State v. Rush (1998), 83 Ohio St.3d 53, 697 N.E.2d 634.
Moyer, C.J., Douglas, Resnick,. F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

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