Price v. State

721 S.E.2d 217, 313 Ga. App. 297, 2011 Fulton County D. Rep. 4056, 2011 Ga. App. LEXIS 1105

Opinion

BARNES, Presiding Judge.

In Price v. State, 303 Ga. App. 589 (693 SE2d 826) (2010), we upheld Robert Price’s convictions for burglary and criminal trespass. On certiorari, the Supreme Court reversed our decision. Price v. State, 289 Ga. 459 (712 SE2d 828) (2011). The Supreme Court held that the trial court’s failure to charge the jury as to Price’s defense of mistake of fact was reversible error. Accordingly, our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed.

Miller, P. J., and Andrews, J., concur.