State v. Smith

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Smith, Slip Opinion No. 2009-Ohio-6539.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2009-OHIO-6539 THE STATE OF OHIO, APPELLEE, v. SMITH, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Smith, Slip Opinion No. 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 O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Ronald A. Smith, pro se. ______________________ STRATTON, O CONNOR,

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