State v. Pickett

710 S.E.2d 212, 309 Ga. App. 216, 2011 Fulton County D. Rep. 1279, 2011 Ga. App. LEXIS 333

Opinion

PHIPPS, Presiding Judge.

In State v. Pickett, 1 the Supreme Court of Georgia reversed the judgment of this court in State v. Pickett 2 and stated that this court had “erred in affirming rather than vacating the trial court’s judgment and remanding the case for the court to exercise its discretion again using properly-supported factual findings and the correct legal analysis.” 3 Accordingly, we vacate our earlier opinion, adopt the opinion of the Supreme Court as our own in its stead, vacate the trial court’s judgment, and remand the case for proceedings not inconsistent herewith.

Judgment vacated and case remanded.

Smith, P. J., and Dillard, J., concur. Marilyn Primovic, Ashleigh B. Merchant, for appellee.

1 288 Ga. 674 (706 SE2d 561) (2011).

2 301 Ga. App. 251 (687 SE2d 239) (2009).

3 Pickett, supra, 288 Ga. at 680.