Benham v. State

Full title: BENHAM v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 23, 2004

606 S.E.2d 7 (Ga. Ct. App. 2004)

268 Ga. App. 685

Opinion

A02A2325.

DECIDED JULY 23, 2004.

Aggravated assault. Floyd Superior Court. Before Judge Colston.

Vaughan Evans, David N. Vaughan, Jr., Lance T. McCoy, for appellant.

Bryant G. Speed II, District Attorney, Mary B. Gregoire, Assistant District Attorney, for appellee.

MIKELL, Judge.

The Supreme Court granted certiorari in this case, and in Benham v. State, 277 Ga. 516 ( 591 SE2d 824) (2004), reversed the judgment of this Court, after concluding that Benham was denied effective assistance of counsel. Therefore, we vacate our earlier opinion¹ and adopt the judgment of the Supreme Court as our own.

1 Benham v. State, 260 Ga. App. 243 ( 581 SE2d 586) (2003).

Judgment reversed. Andrews, P.J., and Phipps, J., concur.

MIKELL, Judge.

DECIDED JULY 23, 2004.