Bennett v. State

Full title: BENNETT v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 25, 1998

497 S.E.2d 406 (Ga. Ct. App. 1998)

230 Ga. App. 760

Opinion

A97A0026.

DECIDED FEBRUARY 25, 1998.

Theft by receiving. Douglas Superior Court. Before Judge Cummings.

Wallace C. Clayton, Amelia G. Pray, for appellant.

David McDade, District Attorney, William J. Atkins, Assistant District Attorney, for appellee.

BEASLEY, Judge.

In Bennett v. State, 225 Ga. App. 284 ( 483 S.E.2d 612) (1997), we affirmed the trial court's grant of the State's motion to set aside an order which had granted Bennett's extraordinary motion for new trial. The Supreme Court granted certiorari and reversed in Bennett v. State, 268 Ga. 849 ( 494 S.E.2d 330 (1998). Accordingly, our judgment in this case is vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed. McMurray, P.J., and Smith, J., concur.

BEASLEY, Judge.

DECIDED FEBRUARY 25, 1998.