Garrett v. State

Court of Appeals of Georgia

Garrett v. State

536 S.E.2d 560, 244 Ga. App. 669, 2000 Fulton County D. Rep. 2956, 2000 Ga. App. LEXIS 826

CourtCourt of Appeals of Georgia

DecidedJune 28, 2000

DocketA00A1325

StatusPublished

This text of 536 S.E.2d 560 (Garrett v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrett v. State, 536 S.E.2d 560, 244 Ga. App. 669, 2000 Fulton County D. Rep. 2956, 2000 Ga. App. LEXIS 826 (Ga. Ct. App. 2000).

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Opinion

Blackburn, Presiding Judge.

This appeal follows James Mack Garrett’s conviction by a Union County jury of aggravated assault, aggravated assault on a correctional officer, and escape. The State has moved to dismiss the appeal because Garrett, upon remand to the sheriff, escaped custody on November 7, 1999, and remains at large. In support of the motion to dismiss, the State has submitted the affidavit of David Atkins, Sheriff of Union County. In her brief in support of the appeal, Garrett’s attorney acknowledges that his exact whereabouts remain unknown.

As defendant has escaped and remains without the lawful custody and control of the authorities of this state, this case has become moot. Therefore, the motion to dismiss defendant’s appeal must be granted. [Cits.] The public policy of this state is to deter escapes.

Blassingame v. State, 155 Ga. App. 235-236 (270 SE2d 399) (1980). See also Gilbert v. State, 188 Ga. App. 602 (373 SE2d 668) (1988). Accordingly, Garrett’s appeal is dismissed.

Appeal dismissed.

Eldridge and Barnes, JJ, concur. N. Stanley Gunter, District Attorney, William J. Langley, Assistant District Attorney, for appellee.

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Blackburn, Presiding Judge.

This appeal follows James Mack Garrett’s conviction by a Union County jury of aggravated assault, aggravated assault on a correctional officer, and escape. The State has moved to dismiss the appeal because Garrett, upon remand to the sheriff, escaped custody on November 7, 1999, and remains at large. In support of the motion to dismiss, the State has submitted the affidavit of David Atkins, Sheriff of Union County. In her brief in support of the appeal, Garrett’s attorney acknowledges that his exact whereabouts remain unknown.

As defendant has escaped and remains without the lawful custody and control of the authorities of this state, this case has become moot. Therefore, the motion to dismiss defendant’s appeal must be granted. [Cits.] The public policy of this state is to deter escapes.

Blassingame v. State, 155 Ga. App. 235-236 (270 SE2d 399) (1980). See also Gilbert v. State, 188 Ga. App. 602 (373 SE2d 668) (1988). Accordingly, Garrett’s appeal is dismissed.

Appeal dismissed.

Eldridge and Barnes, JJ, concur. N. Stanley Gunter, District Attorney, William J. Langley, Assistant District Attorney, for appellee.

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Bluebook (online)

536 S.E.2d 560, 244 Ga. App. 669, 2000 Fulton County D. Rep. 2956, 2000 Ga. App. LEXIS 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-state-gactapp-2000.

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