[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 of appeals is affirmed on the authority of State v. Lester,
123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038.
        MOYER,      C.J.,    and    PFEIFER,     LUNDBERG       STRATTON,   O’CONNOR,
O’DONNELL, LANZINGER, and CUPP, JJ., concur.
                                   __________________
        Ronald A. Smith, pro se.
                               ______________________
