Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 16, 1996

477 S.E.2d 913 (Ga. Ct. App. 1996)

477 S.E.2d 913

Opinion

A95A2471.

DECIDED OCTOBER 16, 1996.

Sentence; boot camp. Clarke Superior Court. Before Judge Stephens.

Lawrence S. McLarty, Robert J. Motyka, for appellant.

Harry N. Gordon, District Attorney, Richard L. Dickson, Assistant District Attorney, for appellee.

JOHNSON, Judge.

In Johnson v. State, 219 Ga. App. 547 ( 466 S.E.2d 63) (1995), we affirmed Johnson's conviction, affirmed his sentence in part, and vacated his sentence in part. The Supreme Court granted Johnson's petition for certiorari to consider his challenge to the portion of the sentence we upheld, and subsequently reversed that portion of this Court's judgment. Johnson v. State, 267 Ga. 77 ( 475 S.E.2d 595), (1996). Accordingly, the judgment of this Court in this appeal is vacated insofar as it upheld Johnson's being sentenced to incarceration in a "boot camp," the judgment of the Supreme Court is made the judgment of this Court in that respect, and the judgment of the trial court in that respect is reversed. The remainder of this Court's original judgment, which affirmed Johnson's conviction and reversed his sentence insofar as it required his incarceration in the county jail before reporting to boot camp, was not affected by the appeal to the Supreme Court and so remains in force. Upon remand, Johnson must be resentenced.

Judgment affirmed in part and reversed in part, and case remanded with direction. Birdsong, P.J., and Ruffin, J., concur.

JOHNSON, Judge.

DECIDED OCTOBER 16, 1996.