Harris v. State, 59506

• Decision Date: 06 October 1981
• Docket Number: No. 59506,59506
• Citation: 285 S.E.2d 93,160 Ga.App. 110
• Parties: HARRIS v. The STATE.
• Court: Georgia Court of Appeals

Page 93

285 S.E.2d 93

160 Ga.App. 110

HARRIS v. The STATE.

No. 59506.

Court of Appeals of Georgia.

Oct. 6, 1981.

Rehearing Denied Oct. 21, 1981.

Appeal of drug violation, Fulton Superior Court; Alverson, Judge.

Guy E. Davis, Jr., Atlanta, for appellant.

Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Asst. Dist. Atty., for appellee.

POPE, Judge.

It appears from the record in this case that the judgment of this court entered on July 14, 1980 (Harris v. State, 155 Ga.App. 278, 270 S.E.2d 854 (1980)) was reversed on December 2, 1980 by the Supreme Court of Georgia on certiorari (State v. Harris, 246 Ga. 759, 272 S.E.2d 719 (1980)) and the case remanded to this court for such further action as might have been necessary. Accordingly, after review of appellant's remaining enumeration of error, this court vacated its judgment and affirmed the trial court on February 5, 1981. Harris v. State, 157 Ga.App. 367, 278 S.E.2d 52 (1981).

It further appears that on June 1, 1981 the Supreme Court of the United States granted appellant's motion for leave to proceed in forma pauperis, vacated the judgment of the Supreme Court of Georgia and remanded the case to that court for further consideration in light of Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981). Harris v. Georgia, --- U.S. ----, 101 S.Ct. 3024, 69 L.Ed.2d 402 (1981). Subsequently, on July 15, 1981 the Supreme Court of Georgia vacated its opinion and judgment and dismissed the certiorari from this court as having been improvidently granted. State v. Harris, 248 Ga. 28, 280 S.E.2d 837 (1981). Therefore, the judgment entered by this court on February 5, 1981 (reported at 157 Ga.App. 367, 278 S.E.2d 52) is vacated. In light of Steagald v. United States, supra, the judgment of the trial court is reversed.

Judgment reversed.

QUILLIAN, C. J., DEEN, McMURRAY and SHULMAN, P. JJ., and BANKE, BIRDSONG, CARLEY and SOGNIER, JJ., concur.