DUVALL v. THE STATE (2012)

* * *PLEASE NOTE :  THE OPINION DATED 12/8/11 IS VACATED.   THIS IS THE SUBSTITUTED OPINION.

(Court of Appeals Rule 4(b) and Rule 37(b), February 21, 2008)

Our earlier decision in this case, 305 Ga.App. 545 (699 S.E.2d 761) (2010), was reversed by the Supreme Court of Georgia, 289 Ga. 540 (712 S.E.2d 850) (2011).   We now vacate our earlier decision, and we adopt the opinion and decision of the Supreme Court as our own.   We also adopt as our own that portion of Division 3 of our earlier decision in which we held that the admission of certain similar transaction evidence was error.¹  We reverse the judgment below and remand for a new trial, consistent with the opinion of the Supreme Court and with this opinion.

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

FOOTNOTES

FN1. The Supreme Court did not address the issues decided in Division 3 of our earlier decision..  FN1. The Supreme Court did not address the issues decided in Division 3 of our earlier decision.