Opinion
A99A0015.
DECIDED: MAY 17, 2000.
Robbery. Peach Superior Court. Before Judge Culpepper, Senior Judge.
L. Elizabeth Lane, for appellant.
Charles H. Weston, District Attorney, Wayne G. Tillis, Howard Z. Simms, Assistant District Attorneys, for appellee.
In Grant v. State, 272 Ga. 213 ( 528 S.E.2d 512) (2000), the Supreme Court reversed our decision in Grant v. State, 237 Ga. App. 892 ( 515 S.E.2d 872) (1999), in which we denied Grant's motion to set aside his conviction based on Grant's failure to show affirmatively by the record that the jury was not sworn. Accordingly, our opinion is vacated, and the judgment of the Supreme Court is made the judgment of this Court. Grant's conviction is reversed and his case is remanded for retrial.
Judgment reversed. Pope, P.J., and Eldridge, J., concur.