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BURNS v. STATE

No. A99A1206.

528 S.E.2d 547 (2000)

241 Ga. App. 886

BURNS v. The STATE.

Court of Appeals of Georgia.

January 20, 2000.

Attorney(s) appearing for the Case

Jackson & Schiavone, Michael G. Schiavone, Steven L. Sparger, Savannah, for appellant.

Spencer Lawton, Jr., District Attorney, Melanie Higgins, Assistant District Attorney, for appellee.

McMURRAY, Presiding Judge.

This case is again before this Court because, after granting certiorari, the Supreme Court of Georgia by order of November 19, 1999, remanded the case for application of its later decision in Fleming v. State, 271 Ga. 587, 523 S.E.2d 315. In Fleming, the Supreme Court held that prior to the 1998 amendments to OCGA § 17-10-6.1 and the First Offender Act...

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