Randolph v. State , 203 Ga. App. 115 ( 1992 )

Beasley, Judge,

concurring specially.

I concur in Divisions 2 and 3, but with respect to Division 1,1 do not agree that the issue was not preserved. See the dissents in Hunter v. State, 202 Ga. App. 195 (413 SE2d 526) (1991). Since we have reversed the judgment on another ground so that a new trial is required, the issue is moot.

Decided February 13, 1992 Reconsideration denied March 2, 1992. Summer & Summer, Chandelle T. Summer, for appellant. C. Andrew Fuller, District Attorney, C. David Turk III, Assistant District Attorney, for appellee.