Davis v. State, 817 S.E.2d 691 (2018)

July 25, 2018 · Court of Appeals of Georgia · A16A1650

817 S.E.2d 691

DAVIS
v.
The STATE.

A16A1650

Court of Appeals of Georgia.

July 25, 2018

Amy Lee Ihrig, Robert Lawrence Persse, Statesboro, for Appellant.

Margaret Heap, Greg M. McConnell, Lyndsey Hurst Rudder, Atlanta, for Appellee.

Dillard, Chief Judge.

In State v. Davis ,¹ the Supreme Court of Georgia concluded that we lacked jurisdiction to consider this case because it addresses a constitutional question of first impression, and, therefore, our decision in Davis v. State² is a nullity. Accordingly, the Supreme Court vacated that decision; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction that the judgment of the trial court be reversed and the remittitur be transmitted with the Supreme Court's opinion.

Judgment reversed.

Reese and Bethel, JJ., concur.

1 303 Ga. 684, 689 (1), 814 S.E.2d 701 (2018).

2 340 Ga. App. 652, 798 S.E.2d 474 (2017).