Benefield v. State

Full title: BENEFIELD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 15, 2005

613 S.E.2d 131 (Ga. Ct. App. 2005)

272 Ga. App. 190

Opinion

A03A0935.

DECIDED MARCH 15, 2005.

Polling jury. Floyd Superior Court. Before Judge Walther, Senior Judge.

Bret E. Rudeseal, Barry V. Smith, for appellant.

Bryant G. Speed II, District Attorney, Charles S. Cox, Assistant District Attorney, for appellee.

MIKELL, Judge.

The Supreme Court granted certiorari in this case, and in Benefield v. State, 278 Ga. 464 ( 602 SE2d 631) (2004), reversed the judgment of this Court. Therefore, we vacate our earlier opinion¹ and adopt the judgment of the Supreme Court as our own.

1 Benefield v. State, 264 Ga. App. 511 ( 591 SE2d 404) (2003).

Judgment reversed. Johnson, P.J., and Bernes, J., concur.

MIKELL, Judge.

DECIDED MARCH 15, 2005.