Houston v. State

On Motion for Rehearing.

On rehearing the State argues that the holding in Jones v. State, 257 Ga. 753 (363 SE2d 529) (1988), should not be retroactively applied to the facts of this case. We disagree. An appellate court applies the law as it exists at the time when the case is before it. Rylee v. State, 184 Ga. App. 401 (361 SE2d 546) (1987). Consequently, defendant’s conviction must be reversed.