December 18, 2014
Motion to suppress. Gwinnett Superior Court. Before Judge Clark.
Crawford & Boyle, Eric C. Crawford, for appellant.
Daniel J. Porter , District Attorney, Ayanna K. Sterling-Jones , Assistant District Attorney, for appellee.
ANDREWS, Presiding Judge. Phipps, C. J., Barnes, P. J., Ellington, P. J., Doyle, P. J., Miller, Dillard, McFadden, Boggs, Ray, Branch and McMillian, JJ., concur.
Andrews, Presiding Judge.
In Rodriguez v. State, 295 Ga. 362 (761 S.E.2d 19) (2014), the Supreme Court concluded that, because this Court was equally divided on the judgment, the case should have been immediately transferred to the Supreme Court pursuant to the Equal Division clause (Ga. Const. of 1983, Art. VI, Sec. V, Par. V), and, therefore, the decision in Rodriguez v. State, 321 Ga.App. 619 (746 S.E.2d 366) (2013), should not have been rendered. The Supreme Court vacated this Court's decision in Rodriguez ; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction " that a remittitur issue to the trial court, affirming the judgment of the trial court, and accompanied by [the Supreme Court's] opinion." Rodriguez, 295 Ga. at 366, n. 6, 373.
Phipps, C. J., Barnes, P. J., Ellington, P. J., Doyle, P. J., Miller, Dillard, McFadden, Boggs, Ray, Branch and McMillian, JJ., concur.