Gardner v. State

BARNES, Presiding Judge.

In State v. Gardner, 286 Ga. 633 (690 SE2d 164) (2010), the Supreme Court reversed the judgment of this Court in Gardner v. State, 296 Ga. App. 792 (676 SE2d 258) (2009) as set forth in Division 2. Therefore we vacate Division 2 of that opinion in which we held that the trial court committed reversible error by violating OCGA § 17-8-57, and adopt the opinion of the Supreme Court as our own.

Judgment affirmed.

Phipps, P J., and Johnson, J., concur. J. Gray Conger, District Attorney, William D. Kelly, Jr., Assistant District Attorney, for appellee.