Hazelrig v. State

Court of Appeals of Georgia

Hazelrig v. State

319 S.E.2d 32, 171 Ga. App. 97, 1984 Ga. App. LEXIS 2109

CourtCourt of Appeals of Georgia

DecidedMay 25, 1984

Docket67988

StatusPublished

This text of 319 S.E.2d 32 (Hazelrig 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

Hazelrig v. State, 319 S.E.2d 32, 171 Ga. App. 97, 1984 Ga. App. LEXIS 2109 (Ga. Ct. App. 1984).

Pincite

Opinion

Benham, Judge.

This appeal is from the denial of appeal bond. Although appellant’s appeal from his conviction of burglary is still pending in this court, it appears from a supplemental record that appellant is no longer in custody, having been released on parole. “The general rule is that if defendant would receive no benefit by reversal of the case, it is moot. [Cits.]” Chaplin v. State, 141 Ga. App. 788, 789 (234 SE2d 330) (1977). The benefit sought in this appeal is a release from custody pending appellate consideration of appellant’s conviction. Since appellant has already been released from custody, the issue raised on this appeal is moot. That being so, dismissal of the appeal is appropriate. OCGA § 5-6-48.

Appeal dismissed.

Banke, P. J., and Pope, J., concur. [98]*98Decided May 25, 1984. Ted B. Herbert, for appellant. Thomas J. Charron, District Attorney, James T. Martin, Debra H. Bernes, Assistant District Attorneys, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Benham, Judge.

This appeal is from the denial of appeal bond. Although appellant’s appeal from his conviction of burglary is still pending in this court, it appears from a supplemental record that appellant is no longer in custody, having been released on parole. “The general rule is that if defendant would receive no benefit by reversal of the case, it is moot. [Cits.]” Chaplin v. State, 141 Ga. App. 788, 789 (234 SE2d 330) (1977). The benefit sought in this appeal is a release from custody pending appellate consideration of appellant’s conviction. Since appellant has already been released from custody, the issue raised on this appeal is moot. That being so, dismissal of the appeal is appropriate. OCGA § 5-6-48.

Appeal dismissed.

Banke, P. J., and Pope, J., concur. [98]*98Decided May 25, 1984. Ted B. Herbert, for appellant. Thomas J. Charron, District Attorney, James T. Martin, Debra H. Bernes, Assistant District Attorneys, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

319 S.E.2d 32, 171 Ga. App. 97, 1984 Ga. App. LEXIS 2109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazelrig-v-state-gactapp-1984.

Opinion

Related

Cite This Page — Counsel Stack