529 S.E.2d 228
A98A1178.Court of Appeals of Georgia.
DECIDED: FEBRUARY 3, 2000.
ELLINGTON, Judge.
Michael D. Burleson was convicted of armed robbery and possession of a hoax device and was sentenced under the first offender act to 15 years to serve five for armed robbery and five years on probation to run concurrently for possession of a hoax device. The trial court thereafter voided its sentence for armed robbery count and imposed a sentence of 20 years to serve ten. Burleson appealed
Page 218
to this court, and we affirmed the convictions and sentences i Burleson v. State, 233 Ga. App. 769
(505 S.E.2d 515) (1998).
The Supreme Court granted certiorari and reversed our finding that a defendant convicted of one of the serious violent felonies contained in OCGA § 17-10-6.1 was not eligible for first offender treatment under OCGA § 42-8-60. Instead, the Supreme Court held, prior to the 1998 amendments to § 17-10-6.1 and § 42-8-60 et seq., a defendant found guilty of a serious violent felony under §17-10-6.1 was not precluded from requesting and obtaining first offender treatment. Burleson v. State, (Case No. S98G1900, decided November 1, 1999). Accordingly, our ruling is vacated and the judgment of the Supreme Court is made the judgment of this Court. The case is remanded to the trial court for a new sentencing hearing.
Sentence vacated and case remanded for resentencing. Pope, P.J., and Ruffin, J., concur.
DECIDED FEBRUARY 3, 2000.
Armed robbery, etc. Lee Superior Court. Before Judge Gibson.
Robert J. Pinnero, for appellant.
John R. Parks, District Attorney, for appellee.