State v. McClurkin 127 Ohio St. 3d 121

{¶ 1} The discretionary appeal is accepted, and the cause is remanded to the court of appeals for application of State v. Horner, 126 Ohio St.3d 466, 2010-Ohio-3830, 935 N.E.2d 26.

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

Pfeifer and Lanzinger, JJ., dissent and would not accept the discretionary appeal.