Hazelrig v. State

Full title: HAZELRIG v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 25, 1984

319 S.E.2d 32 (Ga. Ct. App. 1984)

319 S.E.2d 32

Opinion

67988.

DECIDED MAY 25, 1984.

Appeal bond. Cobb Superior Court. Before Judge Robinson.

Ted B. Herbert, for appellant.

Thomas J. Charron, District Attorney, James T. Martin, Debra H. Bernes, Assistant District Attorneys, for appellee.

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 S.E.2d 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.

DECIDED MAY 25, 1984.