Richards v. State

Full title: RICHARDS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 25, 1998

503 S.E.2d 99 (Ga. Ct. App. 1998)

503 S.E.2d 99

Opinion

A96A2349.

DECIDED JUNE 25, 1998.

D.U.I. Fulton City Court Before Judge Jackson.

Monte K. Davis, for appellant.

June D. Green, Solicitor James M. Miller, Assistant Solicitor, for appellee.

SMITH, Judge.

In Richards v. State, 225 Ga. App. 777 ( 484 S.E.2d 683) (1997), we affirmed the trial court's denial of Brian Richards's motion to suppress, concluding that the trial court's failure to suppress breath test results constituted harmless error. Id. at 780. The Supreme Court granted certiorari and reversed in Richards v. State, 269 Ga. 483 ( 500 S.E.2d 581) (1998), Accordingly, the decision of this Court is vacated, the decision of the Supreme Court is made the decision of this Court, and the judgment of the trial court denying Richard's motion to suppress is reversed.

Judgment reversed. Andrews, C.J., and Pope, P.J., concur.

SMITH, Judge.

DECIDED JUNE 25, 1998.