Bius v. State , 254 Ga. App. 634 ( 2002 )

Mikell, Judge,

concurring in part and dissenting in part.

I concur fully in Divisions 1, 3 and 4.1 respectfully dissent from Division 2, because I believe that the analysis of Burtts v. State, 211 Ga. App. 840 (440 SE2d 727) (1994), is valid for cases arising prior to July 1, 2000, the effective date of the changes made by OCGA § 40-2-8 (b) (2) (B) (i). I agree with the majority to the extent that Burtts should not be followed for cases arising after July 1, 2000.

I am authorized to state that Chief Judge Blackburn and Presiding Judge Smith join in this dissent.

Decided March 29, 2002. Peevy & Lancaster, Donn M. Peevy, Lucas O. Harsh, for appellant. Thurhert E, Baker, Attorney General, Michael E. Hobbs, Deputy Attorney General, David S. McLaughlin, Assistant Attorney General, for appellee.