State v. Lampl, A13A1071.

• Decision Date: 06 November 2015
• Docket Number: No. A13A1071.,A13A1071.
• Citation: 779 S.E.2d 122 (Mem),334 Ga.App. 339
• Parties: The STATE v. LAMPL.
• Court: Georgia Court of Appeals

334 Ga.App. 339

779 S.E.2d 122 (Mem)

The STATE

v.LAMPL.

No. A13A1071.

Court of Appeals of Georgia.

Nov. 6, 2015.

Reconsideration Denied Dec. 10, 2015.

Tracy Graham Lawson, Kathryn Lauranne Powers, Elizabeth A. Baker, for Appellant.

Brian Steel, Atlanta, for Appellee.

RAY, Judge.

In the consolidated case of State v. Lampl [and Lampl v. State ], 325 Ga.App. 344, 750 S.E.2d 685 (2013), this Court affirmed the trial court's order dismissing a particular count of the indictment charging Lampl with perjury in regard to statements that he made before a special purpose grand jury. In State v. Lampl, 296 Ga. 892, 770 S.E.2d 629 (2015), the Georgia Supreme Court reversed Division 1 of this Court's consolidated opinion, finding that the trial court's dismissal of the perjury count and the suppression of Lampl's statements were improper. In so holding, the Supreme Court found that the special purpose grand jury had exceeded the scope of its investigation, but also concluded that such conduct "did not constitute a violation of Lampl's constitutional rights or otherwise rise to the level necessary to justify these sanctions." Id. at 895–899 (1), (2), 770 S.E.2d 629. Accordingly, we vacate Division 1 of our opinion and adopt the opinion of our Supreme Court as our own in place of that division.

In light of the foregoing, Divisions 2 and 3 of our previous opinion are now moot; accordingly, we vacate these divisions.

Judgment reversed.

BARNES, P.J., and MILLER, J., concur.