Middleton v. State , 254 Ga. App. 648 ( 2002 )

Barnes, Judge,

concurring specially.

Although I concur fully in Divisions 2 and 3 of the majority opinion and with most of the analysis in Division 1,1 cannot concur fully in that Division because I believe reaching the result achieved by the majority requires overruling Brooks v. State, 243 Ga. App. 246 (532 SE2d 763) (2000). See id. at 253-258 (Barnes, J., dissenting).