State v. Miller

716 S.E.2d 234, 311 Ga. App. 400, 2011 Fulton County D. Rep. 2734, 2011 Ga. App. LEXIS 746

Opinion

PHIPPS, Presiding Judge.

In State v. Miller, 1 we upheld the trial court’s dismissal of two counts of a five-count indictment. The Supreme Court of Georgia granted certiorari and reversed. 2 Accordingly, our judgment in Miller is vacated, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court on Miller’s motion to dismiss is reversed. The case is remanded for proceedings consistent with this opinion.

Judgment reversed and case remanded.

Smith, P. J., Barnes, P J., Miller, P J., Andrews, Dillard and McFadden, JJ., concur.

1 298 Ga. App. 584 (680 SE2d 627) (2009).

2 State v. Miller, 287 Ga. 748 (699 SE2d 316) (2010).