State v. Harris

Full title: THE STATE v. HARRIS

Court: Supreme Court of Georgia

Date published: Jul 15, 1981

280 S.E.2d 837 (Ga. 1981)

280 S.E.2d 837

Opinion

36679.

DECIDED JULY 15, 1981. REHEARING DENIED JULY 23, 1981.

Certiorari to the Court of Appeals of Georgia — 155 Ga. App. 278.

Lewis R. Slaton, District Attorney, Bejamin H. Oehlert III, Joseph J. Drolet, Assistant District Attorneys, for appellant.

Guy E. Davis, Jr., for appellee.

UNDERCOFLER, Justice.

The judgment of the Court of Appeals in the above case was reversed by this court upon certiorari.¹ The Supreme Court of the United States reversed this court's judgment and remanded the case for further consideration in light of Steagald v. United States, 451 U.S. 204 ( 101 S.C. 1642, 68 L.Ed.2d 38) (1981).² Steagald reversed United States v. Gaultney (Steagald), 606 F.2d 540 (5th Cir. 1979), upon which this court relied. Accordingly, our opinion and judgment are vacated and the certiorari is dismissed as improvidently granted.

1 Harris v. State, 155 Ga. App. 278 ( 270 S.E.2d 854) (1980).

2 Harris v. Georgia, ___ U.S. ___ (Case No. 80-6280, decided June 1, 1981).

All the Justices concur, except Smith, J., who is disqualified.

DECIDED JULY 15, 1981 — REHEARING DENIED JULY 23, 1981.