I concur with the analysis and disposition of this case by the majority. However, had the trial court made specific findings of fact as to the R.C. 2903.13(C)(2)(e) issue and then found that R.C. 2903.13(C)(2)(e) was inapplicable as a matter of law to those facts, I would have found that situation to be similar to the one in State v. Bistricky (1990), 51 Ohio St. 3d 157.