Price v. State

Court of Appeals of Georgia

Price v. State

278 S.E.2d 195, 157 Ga. App. 687, 1981 Ga. App. LEXIS 1969

CourtCourt of Appeals of Georgia

DecidedFebruary 27, 1981

Docket59811

StatusPublished

This text of 278 S.E.2d 195 (Price v. 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.

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Price v. State, 278 S.E.2d 195, 157 Ga. App. 687, 1981 Ga. App. LEXIS 1969 (Ga. Ct. App. 1981).

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Opinion

Shulman, Presiding Judge.

This court entered on May 29, 1980, a judgment in the above-styled case (155 Ga. App. 206 (270 SE2d 203)), reversing the judgment of the trial court. In Division 2 of our opinion, however, this court rejected appellant’s argument that his conviction on 150 counts of conspiracy to unlawfully prescribe controlled substances was error, in that there was only one conspiracy. The Supreme Court granted certiorari on that one issue and, in Price v. State, 247 Ga. 58 (273 SE2d 854), reversed the judgment of this court as to Division 2.

Therefore, the judgment heretofore rendered by this court is vacated, and the judgment of the Supreme Court is made the judgment of this court as to the issue addressed by this court in Division 2. Insofar as the other divisions of this court’s opinion were unaffected by the Supreme Court’s decision, we reaffirm those holdings.

Judgment reversed.

Quillian, C. J., and Carley, J., concur.

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Shulman, Presiding Judge.

This court entered on May 29, 1980, a judgment in the above-styled case (155 Ga. App. 206 (270 SE2d 203)), reversing the judgment of the trial court. In Division 2 of our opinion, however, this court rejected appellant’s argument that his conviction on 150 counts of conspiracy to unlawfully prescribe controlled substances was error, in that there was only one conspiracy. The Supreme Court granted certiorari on that one issue and, in Price v. State, 247 Ga. 58 (273 SE2d 854), reversed the judgment of this court as to Division 2.

Therefore, the judgment heretofore rendered by this court is vacated, and the judgment of the Supreme Court is made the judgment of this court as to the issue addressed by this court in Division 2. Insofar as the other divisions of this court’s opinion were unaffected by the Supreme Court’s decision, we reaffirm those holdings.

Judgment reversed.

Quillian, C. J., and Carley, J., concur.

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278 S.E.2d 195, 157 Ga. App. 687, 1981 Ga. App. LEXIS 1969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-state-gactapp-1981.

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