Griffin v. State

Smith, Judge.

The Supreme Court ordered the vacation of Division 3 of our prior opinion in this case (Griffin v. State, 142 Ga. App. 362 (235 SE2d 724) (1977)) and remanded it for further consideration not inconsistent with its opinion. State v. Griffin, 240 Ga. 470 (1977). Accordingly, Division 3 is vacated. Divisions 1, 2 and 4 of our prior opinion were not affected by the Supreme Court decision. Accordingly, the judgment of the conviction is affirmed but by reason of Division 4, the sentence is vacated and the case is remanded for proper sentencing.

Judgment of conviction affirmed, sentence…