State v. Whorton (51 Ohio St. 3d 121, 1990)

The judgment of the court of appeals is affirmed on authority of State v. Murphy (1990), 49 Ohio St. 3d 206, 551 N.E. 2d 932, for the reasons stated in Murphy and not for the reasons stated by the court of appeals.

Moyer, C.J., Holmes, Douglas, Wright and Resnick, JJ., concur.

Sweeney and H. Brown, JJ., dissent.

H. Brown, J.,

dissenting. I believe that on the record in this case, our holding in State v. Gaines (1989), 46 Ohio St. 3d 65, 545 N.E. 2d 68, is applicable. Accordingly, I would reverse.

Sweeney, J., concurs in the foregoing dissenting opinion.