State v. Pickett

Full title: THE STATE v. PICKETT

Court: Court of Appeals of Georgia

Date published: Apr 11, 2011

710 S.E.2d 212 (Ga. Ct. App. 2011)

710 S.E.2d 212

Opinion

No. A09A1285.

DECIDED APRIL 11, 2011.

Speedy trial. Fulton Superior Court. Before Judge Baxter.

Paul L. Howard, Jr., District Attorney, John O. Williams, Assistant District Attorney, for appellant. Marilyn Primovic, Ashleigh B. Merchant, for appellee.

PHIPPS, Presiding Judge.

In State v. Pickett ¹ the Supreme Court of Georgia reversed the judgment of this court in State v. Pickett ² and stated that this court had "erred in affirming rather than vacating the trial court's judgment and remanding the case for the court to exercise its discretion again using properly-supported factual findings and the correct legal analysis."³ Accordingly, we vacate our earlier opinion, adopt the opinion of the Supreme Court as our own in its stead, vacate the trial court's judgment, and remand the case for proceedings not inconsistent herewith.

1 288 Ga. 674 ( 706 S.E.2d 561) (2011).

2 301 Ga. App. 251 ( 687 S.E.2d 239) (2009).

3 Pickett, supra, 288 Ga. at 680.

Judgment vacated and case remanded. Smith, P. J., and Dillard, J., concur.

PHIPPS, Presiding Judge.

DECIDED APRIL 11, 2011.