State v. Clayborn
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Clayborn, Slip Opinion No. 2011-Ohio-5345.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-5345 THE STATE OF OHIO, APPELLEE, v. CLAYBORN, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Clayborn, Slip Opinion No. 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-Ohio3374, ___ N.E.2d ___. 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. __________________ SUPREME COURT OF OHIO 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. ______________________ 2
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