HARPER v. the STATE.

Court of Appeals of Georgia

HARPER v. the STATE.

815 S.E.2d 598

CourtCourt of Appeals of Georgia

DecidedJune 8, 2018

DocketA16A1008

StatusPublished

This text of 815 S.E.2d 598 (HARPER v. the STATE.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

HARPER v. the STATE., 815 S.E.2d 598 (Ga. Ct. App. 2018).

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Opinion

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 *599 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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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 *599 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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815 S.E.2d 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-the-state-gactapp-2018.

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