Harper v. State, 815 S.E.2d 598 (2018)

June 8, 2018 · Court of Appeals of Georgia · A16A1008

815 S.E.2d 598

HARPER
v.
The STATE.

A16A1008

Court of Appeals of Georgia.

June 8, 2018

David L. Harper, Atlanta, for Appellant.

Sharell Fincher Lewis, Rebecca Holmes Liles Grist, Macon, for Appellee.

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.