THE STATE v. MILLER (2011)

Court of Appeals of Georgia.

THE STATE v. MILLER.

A09A0086.

Decided: August 16, 2011

In State v. Miller,¹ we upheld the trial court's dismissal of two counts of a five-count indictment. The Supreme Court of Georgia granted certiorari and reversed.² Accordingly, our judgment in Miller is vacated, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court on Miller's motion to dismiss is reversed. The case is remanded for proceedings consistent with this opinion.

Judgment reversed and case remanded. Smith, P. J., Barnes, P. J., Miller, P. J., and Andrews, Dillard and McFadden, JJ., concur.

FOOTNOTES

FN1. 298 Ga.App. 584 (680 S.E.2d 627) (2009), rev'd, 287 Ga. 748 (699 S.E.2d 316) (2010).. FN1. 298 Ga.App. 584 (680 S.E.2d 627) (2009), rev'd, 287 Ga. 748 (699 S.E.2d 316) (2010).

FN2. 287 Ga. 748.. FN2. 287 Ga. 748.

Phipps, Presiding Judge.

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