State v. Demetria Brown

Court of Appeals of Georgia

State v. Demetria Brown

DecidedOctober 8, 2013

DocketA13A2137

StatusPublished

This text of State v. Demetria Brown (State v. Demetria Brown) 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

State v. Demetria Brown, (Ga. Ct. App. 2013).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ October 08, 2013

The Court of Appeals hereby passes the following order:

A13A2137. THE STATE v. BROWN.

In the above-styled case, the State appeals from an order of the Superior Court of Chatham County granting Demetria Brown’s motion to quash Indictment No. CR13-0287-J6. Brown has filed a motion to dismiss the appeal as moot. The record shows that, on May 1, 2013, the State re-indicted Brown for the same offenses in Indictment No. CR13-0909-J6. Brown entered a guilty plea to Count 4 of the indictment on September 9, 2013. The State entered an order of nolle prosequi as to the remaining counts of the indictment the same day. Under these circumstances, the above-styled appeal is DISMISSED as MOOT, pursuant to OCGA § 5-6-48 (b) (3).1 Court of Appeals of the State of Georgia 10/08/2013 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 “An appellate court may hear and consider evidence outside the record as transmitted from the court below that an appeal has become moot. . . . Where the appellant either admits the existence of the fact of mootness as claimed by the appellee or fails to deny the existence of the same, the appeal will be dismissed.” (Footnotes omitted.) Poetter v. State, 244 Ga. App. 675, 676 (536 SE2d 576) (2000).

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

Court of Appeals of the State of Georgia

ATLANTA,__________________ October 08, 2013

The Court of Appeals hereby passes the following order:

A13A2137. THE STATE v. BROWN.

In the above-styled case, the State appeals from an order of the Superior Court of Chatham County granting Demetria Brown’s motion to quash Indictment No. CR13-0287-J6. Brown has filed a motion to dismiss the appeal as moot. The record shows that, on May 1, 2013, the State re-indicted Brown for the same offenses in Indictment No. CR13-0909-J6. Brown entered a guilty plea to Count 4 of the indictment on September 9, 2013. The State entered an order of nolle prosequi as to the remaining counts of the indictment the same day. Under these circumstances, the above-styled appeal is DISMISSED as MOOT, pursuant to OCGA § 5-6-48 (b) (3).1 Court of Appeals of the State of Georgia 10/08/2013 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 “An appellate court may hear and consider evidence outside the record as transmitted from the court below that an appeal has become moot. . . . Where the appellant either admits the existence of the fact of mootness as claimed by the appellee or fails to deny the existence of the same, the appeal will be dismissed.” (Footnotes omitted.) Poetter v. State, 244 Ga. App. 675, 676 (536 SE2d 576) (2000).

Cite This Page — Counsel Stack

Bluebook (online)

State v. Demetria Brown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-demetria-brown-gactapp-2013.

Opinion

Related

Cite This Page — Counsel Stack