DUVALL v. THE STATE (2011)

Court of Appeals of Georgia.

DUVALL v. THE STATE.

A10A1767.

Decided: December 08, 2011

Our earlier decision in this case, Duvall v. State, 305 Ga.App. 545 (699 S.E.2d 761) (2010), has been reversed by the Supreme Court of Georgia, Duvall v. State, 289 Ga. 540 (712 S.E.2d 850) (2011).We now vacate our earlier decision in this case, and we adopt the opinion of the Supreme Court, as well as Division 3 of our earlier opinion,¹ as our own. We reverse the judgment below and remand for a new trial.

Reversed and remanded. Barnes, P. J., and Dillard, J., concur.

FOOTNOTES

FN1. The Supreme Court did not decide the issue addressed in Division 3 of our earlier opinion.. FN1. The Supreme Court did not decide the issue addressed in Division 3 of our earlier opinion.

Blackwell, Judge.

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