concurring. I must concur in the judgment because all of the elements of a violation of R. C. 2921.34 were regrettably present in this case. However, I do so reluctantly for it is my sincere belief that this case presents an instance of prosecutorial overkill, a circumstance which should not be furthered by our law enforcement officials.
W. Brown, J., concurs in the foregoing concurring opinion.