January 30, 2015
Reconsideration dismissed March 4, 2015 -- Cert. applied for.
Recusal, etc. Union Superior Court. Before Judge Akeley-Alderman.
Anthony Hargis, pro se.
W. Jeffrey Langley, District Attorney, Cathy A. Cox-Brakefield, Assistant District Attorney, for appellee.
BRANCH, Judge. Miller, P. J., and Ray, J., concur.
In Hargis v. State, 319 Ga.App. 432 (735 S.E.2d 91) (2012), this Court granted appellant Anthony Hargis a new trial concerning his conviction for attempted manufacture of methamphetamine and other crimes. Id. at 439 (2). In State v. Hargis, 294 Ga. 818 (756 S.E.2d 529) (2014), the Supreme Court of Georgia reversed this Court's decision and remanded the case to this Court. Id. at 827. After the Supreme Court issued its decision, Hargis filed a motion for reconsideration, but then withdrew that motion, stating as he did so that he " waive[d] any issues on remand in the Court of Appeals." The State moved the Supreme Court to include Hargis's motions in the appellate record, and the Supreme Court granted the State's motion. The Supreme Court then remanded the case to this Court.
[330 Ga.App. 876] We hereby adopt the Supreme Court's decision as our own, and we deem abandoned those issues raised in Hargis's initial brief to this Court but left undecided pending the outcome of his appeal to the Supreme Court. The State's motion to dismiss this appeal is denied.
See O'Kelley v. Hayes, 132 Ga.App. 134 (1) (207 S.E.2d 641) (1974) (abandonment of enumerated errors is not grounds for dismissal of an appeal). The trial court's judgment is affirmed.
Miller and Ray, JJ., concur.