Henry v. State, 57008
| Decision Date | 18 January 1979 |
| Docket Number | No. 57008,57008 |
| Citation | 252 S.E.2d 179,148 Ga.App. 712 |
| Parties | HENRY v. The STATE. |
| Court | Georgia Court of Appeals |
Jack R. Henry, pro se.
Hinson McAuliffe, Sol., Frank A. Bowers, Charles R. Hadaway, Asst. Sols., for appellee.
Pursuant to his plea of nolo contendere entered on October 11, 1971 to simple battery committed February 21, 1970, the defendant was sentenced on April 2, 1973 to pay a fine of $100 and to serve 12 months confinement, the latter suspended upon payment of $2,450 medical bills generated by the battery inflicted upon the victim. The fine was paid and restitution made. No appeal was taken following sentence until almost 5 years after its imposition when defendant filed a "Motion to Vacate and Expunge." This motion was heard and denied. It is from this order defendant appeals. Held :
There being no appeal filed prior to the expiration of the 30 day statutory period as required by Code Ann. § 6-803(a), the appeal must be dismissed. Defendant's motion is not one which will toll the 30 day statutory requirement for filing a notice of appeal under Code Ann. § 6-803. Allanson v. State, 239 Ga. 154, 236 S.E.2d 348.
Further, mootness also requires dismissal. The sentence has been served and the terms of probation long since satisfied. Defendant has not demonstrated any valid efforts to expedite the appeal, nor shown adverse collateral consequences. Baker v. State, 240 Ga. 431, 432, 241 S.E.2d 187.
Appeal dismissed.
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Moeller v. Solem
...renders the case moot and precludes a direct review of the conviction or sentence. 9 A.L.R.3d 482 (1968). See also Henry v. State, 148 Ga.App. 712, 252 S.E.2d 179 (1979); Dillingham v. Commonwealth, 249 S.W.2d 827 (Ky.Ct.App.1952); Bennett v. State, 289 A.2d 28 (Me.1972); Belton v. Vitek, 1......
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Newton v. State, A92A1690
...exercise our discretion) to reach the merits of this appeal....' Baker v. State, supra [240 Ga.] at 432 . See also Henry v. State, 148 Ga.App. 712 (252 SE2d 179) (1979). Compare Chaplin v. State, 141 Ga.App. 788 (234 SE2d 330) (1977)." Gamble v. State, 181 Ga.App. 871, 354 S.E.2d 174. See a......
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Gamble v. State, 73563
...discretion] to reach the merits of this appeal...." Baker v. State, supra 240 Ga. at 432, 241 S.E.2d 187. See also Henry v. State, 148 Ga.App. 712, 252 S.E.2d 179 (1979). Compare Chaplin v. State, 141 Ga.App. 788, 234 S.E.2d 330 Appeal dismissed. McMURRAY, P.J., and POPE, J., concur. ...
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Stonecypher v. State, 66274
...for filing a notice of appeal. [Cits.]" Hunter v. Big Canoe Corp., 162 Ga.App. 629, 630, 291 S.E.2d 726 (1982); Henry v. State, 148 Ga.App. 712, 252 S.E.2d 179 (1979). See also Hester v. State, 242 Ga. 173, 249 S.E.2d 547 (1978). In the case at bar appellant did not file his motion to revie......