Miller v. State

Hill, Chief Justice.

The Court of Appeals has certified to us the following questions:

“Since [Code Ann.] § 26-9908a is in direct conflict with [Code Ann.] § 26-506(a) and prior decisions of the Supreme Court:

“(1) Is § 26-506(a) [the statutory double jeopardy provision] superseded by § 26-9908a [providing that the offense of possession of a firearm during the commission of a felony “shall be considered a separate offense”]?

“(2) If the answer to the above question is affirmative, is existing case law interpreting the superseded Code section, where *437applicable, to be considered valid or…