Georgia Court of Appeals, 2011

State v. Pickett

State v. Pickett
Georgia Court of Appeals · Decided April 11, 2011 · Phipps, Smith, Dillard
710 S.E.2d 212; 309 Ga. App. 216; 2011 Fulton County D. Rep. 1279; 2011 Ga. App. LEXIS 333 (South Eastern Reporter, Second Series)

State v. Pickett

Opinion

PHIPPS, Presiding Judge.

In State v. Pickett, 1 the Supreme Court of Georgia reversed the judgment of this court in State v. Pickett 2 and stated that this court had “erred in affirming rather than vacating the trial court’s judgment and remanding the case for the court to exercise its discretion again using properly-supported factual findings and the correct legal analysis.” 3 Accordingly, we vacate our earlier opinion, adopt the opinion of the Supreme Court as our own in its stead, vacate the trial court’s judgment, and remand the case for proceedings not inconsistent herewith.

Judgment vacated and case remanded.

Smith, P. J., and Dillard, J., concur. *217 Marilyn Primovic, Ashleigh B. Merchant, for appellee.

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