Jerry Von Thomas v. State

Opinion

SECOND DIVISION BARNES, P. J., MCFADDEN and MCMILLIAN, 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/

December 9, 2013

In the Court of Appeals of Georgia A12A1129. VON THOMAS v. THE STATE.

MCFADDEN, Judge.

In Von Thomas v. State, 293 Ga. 569 (748 SE2d 4460 (2013), the Supreme

Court of Georgia vacated our decision in Thomas v. State, 317 Ga. App. 696 (732

SE2d 780) (2012). The Supreme Court remanded the case to this court with direction

that we vacate the decision of the sentencing court and remand to the sentencing court

for dismissal of the appellant’s motion to vacate his sentence. Von Thomas, supra at

575 (3). Accordingly, for the reasons explained by the Supreme Court in Von Thomas,

the decision of the sentencing court is hereby vacated and the case is remanded to the

sentencing court with direction that it dismiss the motion to vacate the sentence.

Judgment vacated and case remanded with direction. Barnes, P. J., and

McMillian, J., concur.