State v. Freeman (124 Ohio St. 3d 121, 2009)

{¶ 1} This matter is before the court upon the certification of a conflict by the Court of Appeals for the Seventh Appellate District. The court determines that a conflict exists.

{¶ 2} The certified question is answered by the court’s opinion in State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038. The judgment of the court of appeals as to appellee’s (appellant below) first assignment of error is reversed on the authority of State v. Lester.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.

Lanzinger, J., dissents.