
    The State of Ohio, Appellee, v. McClurkin, Appellant.
    [Cite as State v. McClurkin, 127 Ohio St.3d 121, 2010-Ohio-5268.]
    (No. 2010-1046
    Submitted September 14, 2010
    Decided November 2, 2010.)
    LaShawn McClurkin, pro se.
   {¶ 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.  