Gardner v. State

Full title: GARDNER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Aug 3, 2010

700 S.E.2d 214 (Ga. Ct. App. 2010)

700 S.E.2d 214

Opinion

No. A08A2087.

DECIDED AUGUST 3, 2010.

Armed robbery. Muscogee Superior Court. Before Judge Pullen.

Robert L. Wadkins, Kathryn E. Rhodes, for appellant. J. Gray Conger, District Attorney, William D. Kelly, Jr., Assistant District Attorney, for appellee.

BARNES, Presiding Judge.

In State v. Gardner, 286 Ga. 633 ( 690 SE2d 164) (2010), the Supreme Court reversed the judgment of this Court in Gardner v. State, 296 Ga. App. 792 ( 676 SE2d 258) (2009) as set forth in Division 2. Therefore we vacate Division 2 of that opinion in which we held that the trial court committed reversible error by violating OCGA § 17-8-57, and adopt the opinion of the Supreme Court as our own.

Judgment affirmed. Phipps, P J., and Johnson, J, concur.

BARNES, Presiding Judge.

DECIDED AUGUST 3, 2010.