State v. Clayborn

[Cite as State v. Clayborn, 130 Ohio St.3d 260, 2011-Ohio-5345.] THE STATE OF OHIO, APPELLEE, v. CLAYBORN, APPELLANT. [Cite as State v. Clayborn, 130 Ohio St.3d 260, 2011-Ohio-5345.] Cause remanded for application of State v. Williams. (No. 2011-0745—Submitted August 8, 2011—Decided October 20, 2011.) APPEAL from the Court of Appeals for Franklin County, No. 10AP-545, 2011-Ohio-1890. _________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded for application of State v. Williams, 129 Ohio St.3d 344, 2011-Ohio- 3374, 952 N.E.2d 1108. O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. O’DONNELL, J., dissents and would affirm the judgment of the court of appeals. __________________ Ronald O’Brien, Franklin County Prosecuting Attorney, and Steven Taylor, Assistant Prosecuting Attorney, for appellee. Yeura R. Venters, Franklin County Public Defender, and Allen V. Adair, Assistant Public Defender, for appellant. ______________________