Opinion
34256.
DECIDED SEPTEMBER 8, 1980. REHEARING DENIED SEPTEMBER 23, 1980.
Murder, etc. Polk Superior Court. Before Judge Winn.
J. Calloway Holmes, Jr., Gerry E. Holmes, John C. Boger, for appellant.
John T. Perrin, District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.
The death sentence in the above case was reversed by the Supreme Court of the United States. Godfrey v. Georgia, 446 U.S. — ( 100 S.C. 1759, 64 L.Ed.2d 398) (1980). Accordingly, this court's previous affirmation of the death sentence is reversed. The trial court is directed to vacate the death sentence. Godfrey may be sentenced to life imprisonment or a resentencing trial may be conducted based upon any aggravating circumstance other than Code Ann. § 27-2534.1 (b) (7). Redd v. State, 242 Ga. 876 (6) ( 252 S.E.2d 383) (1979); Davis v. State, 242 Ga. 901 ( 252 S.E.2d 443) (1979). The verdict and judgment of guilty remain affirmed.
Judgment affirmed in part; reversed in part. All the Justices concur.