Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 28, 2009

686 S.E.2d 797 (Ga. Ct. App. 2009)

686 S.E.2d 797

Opinion

No. A08A0473.

DECIDED OCTOBER 28, 2009.

Drug violation. Franklin Superior Court. Before Judge Hodges.

Sean A. Black, for appellant.

Robert W. Lavender, District Attorney, Samuel C. Small, Adam C. Schroeder, Assistant District Attorneys, for appellee.

MIKELL, Judge.

In Johnson v. State, 292 Ga. App. 752 ( 665 SE2d 431) (2008), we reversed Joshua Johnson's conviction for possessing more than one ounce of marijuana and remanded the case for a new trial. On certiorari, the Supreme Court reversed our ruling. Johnson v. State, 285 Ga. 571 ( 679 SE2d 340) (2009). Accordingly, our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Judgment affirmed. Miller, C. J., Andrews, P. J., Johnson, P. J., Blackburn, P. J., Smith, P. J., Barnes, Ellington, Phipps, Adams, Bernes and Doyle, JJ., concur.

MIKELL, Judge.

DECIDED OCTOBER 28, 2009.