[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. ______________________