Easter v. State

335 Ga.App. 226

780 S.E.2d 822 (Mem)

EASTER

v.The STATE.

No. A14A0358.

Court of Appeals of Georgia.

Dec. 9, 2015.

Christopher Reginald Geel, Atlanta, for Appellant.

Rebecca Ashley Wright, Amanda Nichole Heath, for Appellee.

BRANCH, Judge.

In an earlier decision in this case, we reversed Andra Easter's conviction for aggravated assault, finding that the trial court had charged the jury on that crime in a manner not alleged in the indictment. Easter v. State, 327 Ga.App. 754, 761 S.E.2d 149 (2014). This holding was reversed by the Supreme Court of Georgia, which applied its decision in Green v. State, 291 Ga. 287, 728 S.E.2d 668 (2012) and found that the jury charge did not constitute reversible error.¹

State v. Easter, 297 Ga. 171, 173–174, 773 S.E.2d 181 (2015). Accordingly, we now vacate our earlier decision, adopt the opinion of the Supreme Court as our own, and affirm the judgment of conviction.

Judgment affirmed.

BARNES, P.J., and BOGGS, J., concur.

1 In reaching this conclusion, the Supreme Court noted that "the State failed to cite Green in its brief to the Court of Appeals, and even after the Court of Appeals issued a decision that was inconsistent with Green, the State filed no motion for reconsideration and otherwise did nothing to bring Green to the attention of the Court of Appeals. We take this occasion to remind lawyers of their obligation to bring pertinent legal authority to the attention of the courts and to do so in a timely manner." State v. Easter, 297 Ga. 171, 174, n. 2, 773 S.E.2d 181 (2015).