{¶ 1} The judgment of the court of appeals is affirmed with respect to the issues presented in Proposition of Law Nos. I and II on the authority of State v. Tooley, 114 Ohio St.3d 366, 2007-Ohio-3698; ___ N.E.2d ___.
{¶ 2} As to Proposition of Law No. III, the cause is dismissed, sua sponte, as having been improvidently accepted.
MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER and CUPP, JJ., concur.