Regent v. the State

FOURTH DIVISION
DOYLE, C. J.,
MILLER, P. J., and DILLARD, P. J.
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
December 14, 2016
In the Court of Appeals of Georgia
A14A1770. REGENT v. THE STATE.
MILLER, Presiding Judge.
In Regent v. State, 299 Ga. 172 (787 SE2d 217) (2016), the Supreme Court of
Georgia reversed the judgment of this Court in Division 1 of Regent v. State, 333 Ga.
App. 350 (774 SE2d 213) (2015), in which this Court affirmed the denial of Regent’s
motion to merge his convictions for aggravated battery and aggravated assault.
Consequently, we vacate Division 1 of our opinion in Regent, supra, 333 Ga. App.
at 215, and in its place adopt the judgment of the Supreme Court as our own.
The Supreme Court of Georgia did not address or consider Division 2 of our
earlier opinion, in which we vacated the banishment provision in Regent’s sentencing
order, and remanded this case to the trial court for the purpose of resentencing Regent
on that provision. Because Division 2 is consistent with the Supreme Court’s opinion,
that division becomes binding upon the return of the remittitur. Shadix v. Carroll
County, 274 Ga. 560, 563 (1) (554 SE2d 465) (2001).
Judgment reversed in part, and case remanded. Doyle, C. J., and Dillard, P.
J., concur.
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