
    The State of Ohio, Appellee, v. Gilbert, Appellant.
    [Cite as State v. Gilbert, 124 Ohio St.3d 119, 2009-Ohio-6543.]
    (No. 2009-0610
    Submitted September 30, 2009
    Decided December 17, 2009.)
   {¶ 1} The judgment of the court of appeals is affirmed as to appellant’s first assignment of error below (Proposition of Law No. I accepted for review in this court) on the authority of State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038. The cause is remanded to the court of appeals for further proceedings not inconsistent with State v. Lester.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson and Kristen L. Sobieski, Assistant Prosecuting Attorneys, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant.

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