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SMITH v. STATE

No. A04A0313.

619 S.E.2d 786 (2005)

275 Ga. App. 96

SMITH v. The STATE.

Court of Appeals of Georgia.

August 12, 2005.

Attorney(s) appearing for the Case

Marcy A. Jolles, Benjamin A. Pearlman, Athens, for appellant.

Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, for appellee.

RUFFIN, Chief Judge.

The Supreme Court granted certiorari in this case, and in Smith v. State1 reversed the judgment of this court. We therefore vacate our opinion in Smith v. State2 and make the judgment of the Supreme Court the judgment of this court. The case is remanded to the trial court for proceedings consistent with this opinion.

Judgment reversed.

ANDREWS, P.J....

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