Regent v. the State

795 S.E.2d 190, 339 Ga. App. 885, 2016 Ga. App. LEXIS 689

• Court: Court of Appeals of Georgia
• Decided: December 14, 2016
• Docket: A14A1770
• Status: Published

Opinion

MILLER, Presiding Judge.

In Regent v. State, 299 Ga. 172 (787 SE2d 217) (2016), the Supreme Court of Georgia reversed the judgment of this Court in Division 1 of Regent v. State, 333 Ga. App. 350 (774 SE2d 213) (2015), in which this Court affirmed the denial of Regent’s motion to merge his convictions for aggravated battery and aggravated assault. Consequently, we vacate Division 1 of our opinion in Regent, supra, 333 Ga. App. at 351, and in its place adopt the judgment of the Supreme Court as our own.

The Supreme Court of Georgia did not address or consider Division 2 of our earlier opinion, in which we vacated the banishment provision in Regent’s sentencing order and remanded this case to the trial court for the purpose of resentencing Regent on that provision. Because Division 2 is consistent with the Supreme Court’s opinion, that division becomes binding upon the return of the remittitur. Shadix v. Carroll County, 274 Ga. 560, 563 (1) (554 SE2d 465) (2001).

Decided December 14, 2016. Kenneth D. Kondritzer, for appellant. Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Lenny I. Krick, Assistant District Attorneys, for appellee.

Judgment reversed in part and case remanded.

Doyle, C. J., and Dillard, P. J., concur.