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Rodriguez v. State

The Supreme Court vacated the Court of Appeals' judgment, as the Court of Appeals should have immediately transferred the case to the Supreme Court rather than rendering a decision, since its 12 judges were equally divided.

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In Rodriguez v. State, 295 Ga. 362 761 SE2d 19 2014, the Supreme Court concluded that, because this Court was equally divided on the judgment, the case should have been immediately transferred to the Supreme Court pursuant to the Equal Division clause Ga. Const. of 1983, Art. VI, Sec. V, Par. V., and, therefore, the decision in Rodriguez v. State, 321 Ga. App. 619 746 SE2d 366 2013, should not have been rendered. The Supreme Court vacated this Court’s decision in Rodriguez; decided the merits of the appeal as if the case had been properly transferred; and remanded the case to this Court with direction “that a remittitur issue to the trial court, affirming the judgment of the trial court, and accompanied by the Supreme Court’s opinion.” Rodriguez, 295 Ga. at 366 n.6, 373.

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