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BALBOSA v. STATE

No. A01A1188.

581 S.E.2d 402 (2003)

260 Ga. App. 876

BALBOSA v. The STATE.

Court of Appeals of Georgia.

April 15, 2003.

Attorney(s) appearing for the Case

William J. Mason, Columbus, for appellant.

J. Gray Conger, Dist. Atty., Melvin E. Hyde, Jr., Asst. Dist. Atty., for appellee.

SMITH, Chief Judge.

In our unpublished opinion in Balbosa v. State 250 Ga.App. XXV (July 25, 2001), we agreed with Balbosa that the State did not meet its burden of showing a valid waiver of the right to a jury trial. We applied a harmless error analysis, however, to affirm Balbosa's conviction because we found that the evidence was overwhelming. The Supreme Court granted certiorari and, in Balbosa v. State, 275 Ga. 574

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