Rodriguez v. the State

Court of Appeals of Georgia

Rodriguez v. the State

767 S.E.2d 509, 330 Ga. App. 495

CourtCourt of Appeals of Georgia

DecidedDecember 25, 2014

DocketA12A2397

StatusPublished

This text of 767 S.E.2d 509 (Rodriguez 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.

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Rodriguez v. the State, 767 S.E.2d 509, 330 Ga. App. 495 (Ga. Ct. App. 2014).

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Opinion

ANDREWS, Presiding Judge.

In Rodriguez v. State, 295 Ga. 362 (761 SE2d 19) (2014), the Supreme Court concluded that, because this Court was equally divided on the judgment, the case should have been immediately transferred to the Supreme Court pursuant to the Equal Division clause (Ga. Const. of 1983, Art. VI, Sec. V, Par. V), and, therefore, the decision in Rodriguez v. State, 321 Ga. App. 619 (746 SE2d 366) (2013), should not have been rendered. The Supreme Court vacated this Court’s decision in Rodriguez', decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction “that a remittitur issue to the trial court, affirming the judgment of the trial court, and accompanied by [the Supreme Court’s] opinion.” Rodriguez, 295 Ga. at 366, n. 6, 373.

Judgment affirmed.

Phipps, C. J., Barnes, P. J., Ellington, P. J., Doyle, P. J., Miller, Dillard, McFadden, Boggs, Ray, Branch and McMillian, JJ., concur.

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ANDREWS, Presiding Judge.

In Rodriguez v. State, 295 Ga. 362 (761 SE2d 19) (2014), the Supreme Court concluded that, because this Court was equally divided on the judgment, the case should have been immediately transferred to the Supreme Court pursuant to the Equal Division clause (Ga. Const. of 1983, Art. VI, Sec. V, Par. V), and, therefore, the decision in Rodriguez v. State, 321 Ga. App. 619 (746 SE2d 366) (2013), should not have been rendered. The Supreme Court vacated this Court’s decision in Rodriguez', decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction “that a remittitur issue to the trial court, affirming the judgment of the trial court, and accompanied by [the Supreme Court’s] opinion.” Rodriguez, 295 Ga. at 366, n. 6, 373.

Judgment affirmed.

Phipps, C. J., Barnes, P. J., Ellington, P. J., Doyle, P. J., Miller, Dillard, McFadden, Boggs, Ray, Branch and McMillian, JJ., concur.

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767 S.E.2d 509, 330 Ga. App. 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-the-state-gactapp-2014.

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