
    The State of Ohio, Appellee, v. Balderson, Appellant.
    [Cite as State v. Balderson, 118 Ohio St.3d 194, 2008-Ohio-2203.]
    
      (No. 2007-1203
    Submitted May 6, 2008
    Decided May 14, 2008.)
    John D. Ferrero, Stark County Prosecuting Attorney, and Ronald Mark Caldwell, Assistant Prosecuting Attorney, for appellee.
    Timothy Young, State Public Defender, and Kenneth R. Spiert, Assistant State Public Defender, for appellant.
   {¶ 1} As to Proposition of Law No. I, the judgment of the court of appeals is affirmed on the authority of State v. Simpkins, 117 Ohio St.3d 420, 2008-Ohio-1197, 884 N.E.2d 568.

{¶ 2} As to Proposition of Law No. II, the cause is dismissed, sua sponte, as having been improvidently accepted.

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

Lanzinger, J., dissents.  