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Felix v. State

On remand from the Supreme Court, the Court of Appeals found that police officers did not illegally execute a search warrant by waiting only five to ten seconds after knocking on defendants' door before entering the apartment.

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Gladys Felix and Leonard Lee were jointly indicted for a single violation of the Georgia Controlled Substances Act, in that they allegedly did “unlawfully . . . possess and have under their control Cocaine. . . .” After a jury trial, each defendant was found guilty as charged. On appeal, their convictions were affirmed by this Court. Felix v. State, 234 Ga. App. 509 507 SE2d 172. Specifically, this Court held the trial court did not err in refusing to suppress the cocaine seized after a search pursuant to a warrant, on the ground the warrant incorrectly describes the address of the premises to be searched. 234 Ga. App. 509, 510 1, 511, supra. In so ruling, this Court declined to consider multiple additional reasons offered in support of their contention that the trial erred in denying their motion to suppress. On certiorari, the Supreme Court of Georgia vacated our judgment and remanded with direction that appellants’ remaining arguments be addressed. Felix v. State, 271 Ga. 534, 540 __SE2d__. Held:

1. The judgment of the Supreme Court is made the judgment of the Court of Appeals. Inasmuch as the Supreme Court did not address the merits of any ruling in the prior appeal, we adhere to our ruling in Division 1 of the prior appeal, that the warrant is not defective due to the description of the premises to be searched. Similarly, Divisions 2, 3, and 4, also are adhered to.

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