Jones v. State

NAHMIAS, Justice,

concurring specially.

For the reasons given in my special concurrence in Collier v. State, 288 Ga. 756 (707 SE2d 102) (2011), I believe that OCGA § 17-8-58 (b) mandates that appellate courts apply plain error review to enumerated errors regarding jury charges that were not objected to at trial as required by OCGA § 17-8-58 (a). I therefore do not agree that the Court should merely “ ‘assum[e]’ ” that plain error review is proper, as the majority does in Divisions 2 and 4, thereby leaving — yet again — the conflict in our case law on this issue unresolved. Accordingly, I do not join those portions of the majority opinion, although I join the remainder of the opinion and the judgment.