Dennis Cosmo v. State

Opinion

FOURTH DIVISION

DOYLE, P. J.,

ANDREWS and BOGGS, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed.

http://www.gaappeals.us/rules/

June 11, 2014

In the Court of Appeals of Georgia A12A2469. COSMO v. THE STATE.

BOGGS, Judge.

In State v. Cosmo, Ga. (Case No. S13G1070, decided April 22, 2014) (“Cosmo

II”), the Supreme Court reversed Division 1 of our opinion in Cosmo v. State, 320 Ga.

App. 397 (739 SE2d 828) (2013) (“Cosmo I”). We therefore vacate Division 1 of our

earlier opinion and adopt the opinion of the Supreme Court as our own with respect

to that division. While sufficient evidence supports Cosmo’s conviction under OCGA

§ 16-12-100.2 (d) (1), he is entitled to a “retrial as a result of the trial court’s failure

to charge on entrapment.” Cosmo II, slip op. at 1, n. 1.

Judgment reversed. Doyle, P. J., and Andrews, J., concur.