State v. Smith

[Cite as State v. Smith, 124 Ohio St.3d 116,

2009-Ohio-6539.] THE STATE OF OHIO, APPELLEE, v. SMITH, APPELLANT. [Cite as State v. Smith, 124 Ohio St.3d 116,

2009-Ohio-6539.] Certified question answered in the negative and court of appeals’ judgment affirmed on the authority of State v. Lester. (Nos. 2009-0076 and 2009-0578 — Submitted September 30, 2009 — Decided December 17, 2009.) CERTIFIED by and APPEAL from the Court of Appeals for Montgomery County, Nos. 21463 and 22334,

2008-Ohio-6330. __________________ {¶ 1} The certified question is answered in the negative and the judgment of the court…