Cosmo v. State

Boggs, Judge.

In State v. Cosmo, 295 Ga. 76 (757 SE2d 819) (2014) (“Cosmo IP’), the Supreme Court reversed Division 1 of our opinion in Cosmo v. State, 320 Ga. App. 397 (739 SE2d 828) (2013) (“Cosmo 7”). We therefore vacate Division 1 of our earlier opinion and adopt the opinion of the Supreme Court as our own with respect to that division. While sufficient evidence supports Cosmo’s conviction under OCGA § 16-12-100.2 (d) (1), he is entitled to a “retrial as a result of the trial court’s failure to charge on entrapment.” Cosmo II, 295 Ga. at 76, n. 1.

Judgment reversed.

Doyle, P. J., and…