Duvall v. State

Full title: DUVALL v. THE STATE

Court: Court of Appeals of Georgia, Third Division

Date published: Dec 8, 2011

A10A1767 (Ga. Ct. App. Dec. 8, 2011)

Opinion

A10A1767

DECIDED: DECEMBER 8, 2011

BLACKWELL, Judge.

Our earlier decision in this case, Duvall v. State, 305 Ga. App. 545 ( 699 SE2d 761) (2010), has been reversed by the Supreme Court of Georgia, Duvall v. State, 289 Ga. 540 ( 712 SE2d 850) (2011).We now vacate our earlier decision in this case, and we adopt the opinion of the Supreme Court, as well as Division 3 of our earlier opinion, ¹ as our own. We reverse the judgment below and remand for a new trial.

1 The Supreme Court did not decide the issue addressed in Division 3 of our earlier opinion.

Reversed and remanded. Barnes, P. J., and Dillard, J., concur.