{¶ 1} The judgment of the court of appeals is affirmed as to appellant’s first assignment of error below (Proposition of Law No. I accepted for review in this court) on the authority of State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 *120 N.E.2d 1038. The cause is remanded to the court of appeals for further proceedings not inconsistent with State v. Lester.