Fortson v. State

Because the majority relies on Georgia cases which either are distinguishable or should be reevaluated in the light of recent precedent of the Supreme Court of the United States, I dissent to Division 2 and to the reversal of the judgment of conviction which resulted in a sentence of life plus twenty years for malice murder, aggravated assault and attempted arson.

Citing Kirkland v. State, 274 Ga. 778, 780 (2) (560 SE2d 6) (2002) and Bradham v. State, 243 Ga. 638, 639 (3) (256 SE2d 331) (1979), the majority states that “this Court has recognized that causing a defendant to unnecessarily use a…