{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. The discretionary cross-appeal is not accepted.

{¶ 2} The judgment of the court of appeals is reversed as to the court of appeals’ holding of structural error on appellee and cross-appellant’s second assignment of error below on the authority of State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, and the cause is remanded to the trial court for further proceedings consistent with State v. Colon.