Butler App. No. CA98-03-053. Discretionary appeal allowed on Proposition of Law No. II; sua sponte, cause held for the decision in 97-2730, State v. Smith, Butler App. No. CA97-01-011; briefing schedule stayed and cause consolidated with 98-2067, supra. Resnick, Pfeifer and Lundberg Stratton, JJ., would allow all propositions of law.
Douglas, F.E. Sweeney and Cook, JJ., dissent.