HARPER v. the STATE. , 815 S.E.2d 598 ( 2018 )

FIRST DIVISION
DOYLE, P. J.,
ANDREWS and RAY, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
June 11, 2018
In the Court of Appeals of Georgia
A16A1008. HARPER v. THE STATE.
ANDREWS, Judge.
In Harper v. State, 338 Ga. App. 535 (790 SE2d 552) (2016), we affirmed
David Lamar Harper’s conviction for criminal trespass pursuant to OCGA § 16-7-21
(a), reversed his conviction for criminal trespass pursuant to OCGA § 16-7-21 (b) (2),
vacated the trial court’s sentence, and remanded the case to the trial court for
resentencing. In State v. Harper, 303 Ga, 144 (810 SE2d 484) (2018), the Supreme
Court granted certiorari to consider this Court’s reversal of Harper’s conviction for
criminal trespass pursuant to OCGA § 16-7-21 (b) (2), and reversed our judgment on
that issue by affirming Harper’s conviction for criminal trespass pursuant to OCGA
§ 16-7-21 (b) (2). Accordingly, the judgment of the Supreme Court is made the
judgment of this Court, Harper’s convictions for criminal trespass pursuant to OCGA
§ 16-7-21 (a) and OCGA § 16-7-21 (b) (2) are affirmed, and trial court’s sentence for
those convictions is reinstated.
Judgment affirmed. Doyle, P. J., and Ray, J., concur.
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