DAVIS v. STATE (2018)

Court of Appeals of Georgia.

DAVIS v. The STATE.

A16A1650

Decided: July 25, 2018

Robert L. Persse, Amy L. Ihrig, for appellant. Meg E. Heap, District Attorney, Greg M. McConnell, Lyndsey H. Rudder, Assistant District Attorneys, for appellee. District Attorneys' Association of Georgia, Scott L. Ballard, Robert W. Smith, Jr.; Georgia Association of Criminal Defense Lawyers, Brandon A. Bullard, James C. Bonner, Jr., Elizabeth A. Brandenburg, Robert G. Rubin, amici curiae.

In State v. Davis,¹ the Supreme Court of Georgia concluded that this Court lacked jurisdiction to consider this case because it addresses a constitutional question of first impression, and, therefore, our decision in Davis v. State ² is a nullity. Accordingly, the Supreme Court vacated that decision; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction that the judgment of the trial court be reversed and the remittitur be transmitted with the Supreme Court’s opinion.

Judgment reversed.

FOOTNOTES

1.   303 Ga. 684, 687 (1), 814 S.E.2d 701 (2018).

2.   340 Ga. App. 652, 798 S.E.2d 474 (2017).

Dillard, Chief Judge.

Reese and Bethel, JJ., concur.