Appeal dismissed as improvidently accepted.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Pierce, Slip Opinion No. 2008-Ohio-1428.]

NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2008-OHIO-1428 THE STATE OF OHIO, APPELLEE, v. PIERCE, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Pierce, Slip Opinion No. 2008-Ohio-1428.] Appeal dismissed as improvidently accepted.

(No. 2007-1605 -- Submitted March 26, 2008 -- Decided April 2, 2008.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 88470, 2007-Ohio-3665.

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The cause is dismissed, sua sponte, as having been improvidently accepted.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.

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William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H.

McGrath, Assistant Prosecuting Attorney, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant.

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