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Easter v. State

The Court of Appeals erred in finding that the trial court erred in charging the jury on aggravated assault in a manner not alleged in the indictment.

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In an earlier decision in this case, we reversed Andra Easter’s conviction for aggravated assault, finding that the trial court had charged the jury on that crime in a manner not alleged in the indictment. Easter v. State, 327 Ga. App. 754 761 SE2d 149 2014. This holding was reversed by the Supreme Court of Georgia, which applied its decision in Green v. State, 291 Ga. 287 728 SE2d 668 2012 and found that the jury charge did not constitute reversible error.1 State v. Easter, 297 Ga. 171, 173-174 773 SE2d 181 2015. Accordingly, we now vacate our earlier decision, adopt the opinion of the Supreme Court as our own, and affirm the judgment of conviction.

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