Summary
finding that Putnam County could not recover tort damages against business operators for expenses incurred by the county in sending in the building inspector and sheriff out to the business’ property because county could not recover costs to enforce its laws and protect its citizens
Summary of this case from Johnson v. 3MOpinion
A99A1820.
DECIDED: OCTOBER 25, 2000
Armed robbery. Fulton Superior Court. Before Judge Long.
Lenzer Lenzer, Robert W. Lenzer, Thomas P. Lenzer, for appellant.
Paul L. Howard, Jr., District Attorney, Bettianne C. Hart, Assistant District Attorney, for appellee.
Frederick Ellis entered a guilty plea to one count of armed robbery, O.C.G.A. § 16-8-41, and was sentenced to serve ten years in prison. Ellis appealed the denial of his motion to withdraw his guilty plea, and we affirmed his conviction in Ellis v. State, 240 Ga. App. 498 ( 523 S.E.2d 914) (1999).
The Supreme Court granted certiorari and reversed our finding that Ellis' right to effective counsel was not violated by his attorney's joint representation of him and a co-defendant who also entered a guilty plea. Ellis v. State, ___ Ga. ___ (2) (Case No. S00G0322, decided September 11, 2000). Accordingly, our ruling is vacated and the judgment of the Supreme Court is made the judgment of this Court.
Judgment reversed. Andrews, P.J., and Ruffin, J., concur.
DECIDED OCTOBER 25, 2000.