I concur in judgment and opinion based upon the holding inState v. Lovejoy (1997), 79 Ohio St.3d 440, 449-450,683 N.E.2d 1112, 1119-1120, which this court must follow as an intermediate court. Were the question an open one, I would *Page 545 follow the reasoning of Justice Cook in her dissent, see id. at 458-159, 683 N.E.2d at 1125-1126, as being more consistent with and in conformity with the decisions of the United States Supreme Court on the issue.