Opinion
No. 2011-0851.
Submitted November 2, 2011.
Decided November 9, 2011.
APPEAL from the Court of Appeals for Lucas County, No. L-10-1158, 2011-Ohio-1713.
ON MOTION FOR RECONSIDERATION.
Julia R. Bates, Lucas County Prosecuting Attorney, and David F. Cooper, Assistant Prosecuting Attorney, for appellee.
Jeffrey M. Gamso and Jeffrey J. Helmick, for appellant.
{¶ 1} Appellant has filed a motion for reconsideration of the court's denial of the discretionary appeal in this matter, reported at 129 Ohio St.3d 1453, 2011-Ohio-4217, 951 N.E.2d 1048.
{¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted. The judgment of the court of appeals is affirmed on the authority of State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d
O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, CUPP, and MCGEE BROWN, JJ., concur.
LANZINGER, dissents.