Georgia Court of Appeals, 2018

Harper v. State

Harper v. State
Georgia Court of Appeals · Decided June 11, 2018 · Andrews
816 S.E.2d 99 (South Eastern Reporter, Second Series)

Harper v. State

Opinion of the Court

Andrews, Judge.

In Harper v. State , 338 Ga. App. 535, 790 S.E.2d 552 (2016), we affirmed David Lamar Harper's conviction for criminal trespass pursuant to OCGA § 16-7-21 (a), reversed his conviction for criminal trespass pursuant to OCGA § 16-7-21 (b) (2), vacated the trial court's sentence, and remanded the case to the trial court for resentencing. In State v. Harper , 303 Ga, 144, 810 S.E.2d 484 (2018), the Supreme Court granted certiorari to consider this Court's reversal of Harper's conviction for criminal trespass pursuant to OCGA § 16-7-21 (b) (2), and reversed our judgment on that issue by affirming Harper's conviction for criminal trespass pursuant to OCGA § 16-7-21 (b) (2). Accordingly, the judgment of the Supreme Court is made the judgment of this Court, Harper's convictions for criminal trespass pursuant to OCGA § 16-7-21 (a) and OCGA § 16-7-21 (b) (2) are affirmed, and trial court's sentence for those convictions is reinstated.

Judgment affirmed.

Doyle, P. J., and Ray, J., concur.

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