Jackson v. State

Full title: JACKSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 11, 2003

578 S.E.2d 238 (Ga. Ct. App. 2003)

578 S.E.2d 238

Opinion

A01A2509.

Decided February 11, 2003

Rape, etc. Fulton Superior Court. Before Judge Lane.

David D. Bishop, for appellant.

Paul L. Howard, Jr., District Attorney, ALvera A. Wheeler, Assistant District Attorney, for appellee.

MILLER, Judge.

In Curtis v. State, — Ga. — (S.E.2d) (Case No. S01G1868; decided October 15, 2002), the Supreme Court affirmed the judgment of this Court's opinion in Jackson v. State, 254 Ga. App. 562 ( 562 S.E.2d 847) (2002). Nevertheless, deciding to overrule numerous prior cases, the Supreme Court held that in Division 4 of that opinion, we erred in holding that a criminal defendant must raise in the trial court the issue of whether convictions merge as a matter of fact in order to preserve the issue for appellate review. Therefore, we vacate Division 4 of our earlier opinion and adopt the opinion of the Supreme Court as our own. The remainder of our earlier opinion remains unaffected.

Judgment affirmed. Smith, C. J., Andrews, P.J., Johnson, P.J., Blackburn, P.J., Ruffin, Eldridge, Barnes, Ellington, Phipps, Mikell and Adams, JJ., concur.

MILLER, Judge.

DECIDED FEBRUARY 11, 2003.