Opinion
No. 96-1029
Submitted May 7, 1997 —
Decided June 18, 1997.
APPEAL from the Court of Appeals for Montgomery County, No. CA 15267.
Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Jeffrey M. Patzer, Assistant Prosecuting Attorney, for appellant.
David H. Bodiker, State Public Defender, and Thomas R. Wetterer, Jr., Assistant State Public Defender, for appellee.
The appeal is dismissed, sua sponte, as having been improvidently allowed.
MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur.
DOUGLAS, J., dissents.
COOK, J., dissents and would reverse the judgment of the court of appeals.