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305 Ga. App. 492

700 S.E.2d 214

Gardner v. State

Court of Appeals of Georgia

Decided August 3, 2010

Court of Appeals of Georgia · decided 2010-08-03

Relies on State v. Gardner · 296 Ga. App. 792 - Gardner v. State

Decided 2010-08-03

BARNES, Presiding Judge.

¶1 In State v. Gardner, 286 Ga. 633 (690 SE2d 164) (2010), the Supreme Court reversed the judgment of this Court in Gardner v. State, 296 Ga. App. 792 (676 SE2d 258) (2009) as set forth in Division 2. Therefore we vacate Division 2 of that opinion in which we held that the trial court committed reversible error by violating OCGA § 17-8-57, and adopt the opinion of the Supreme Court as our own.

¶2 Judgment affirmed.

Phipps, P J., and Johnson, J., concur. *493 J. Gray Conger, District Attorney, William D. Kelly, Jr., Assistant District Attorney, for appellee.
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