concurring specially.
I dissented in Sundberg v. State, supra. Nevertheless, in Sundberg v. State a majority of this court held Code Ann. § 79A-903 (b) (4) to be unconstitutional and that is the law. The correctness of Sundberg is not in issue here. The issue here is whether a decision of this court, holding a section of our Code to be unconstitutional, shall be given retroactive effect in favor of a defendant who was indicted, tried and sentenced under an unconstitutional provision of law. I agree with the majority that a person cannot be held in prison pursuant to a sentence imposed under an unconstitutional law and I therefore concur in the judgment.
I am authorized to state that Justice Jordan and *440Justice Ingram join in this special concurrence.