Burgess v. State

Full title: BURGESS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 23, 1993

436 S.E.2d 84 (Ga. Ct. App. 1993)

210 Ga. App. 365

Opinion

A92A0299.

DECIDED SEPTEMBER 23, 1993.

Drug violation. Haralson Superior Court. Before Judge Fudger.

Murphy, Murphy Garner, Stephen E. Garner, for appellant.

William A. Foster III, District Attorney, Jeffrey L. Ballew, Assistant District Attorney, for appellee.

ANDREWS, Judge.

In Burgess v. State, 204 Ga. App. 766 ( 420 S.E.2d 590) (1992), we affirmed Burgess' conviction for attempting to elude a police officer, but reversed his conviction for violation of OCGA § 16-13-30.1. The Supreme Court granted certiorari and reversed our decision reversing Burgess' conviction for violation of OCGA § 16-13-30.1 in Burgess v. State, 263 Ga. 143 ( 429 S.E.2d 252) (1993). Accordingly, our judgment in this case is vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment affirmed. Pope, C. J., McMurray, P. J., Birdsong, P. J., Beasley, P. J., Cooper, Johnson, Blackburn and Smith, JJ., concur.

DECIDED SEPTEMBER 23, 1993.