I concur in the majority judgment and opinion on the basis of the recent decision in State v. Smith (1989), 42 Ohio St.3d 60,537 N.E.2d 198. However, I believe the more persuasive reasoning in the Smith decision to be that of Justice Brown in his dissenting opinion, which sets forth and adopts the reasoning of the Court of Appeals for Montgomery County. Therefore, I concur. *Page 353