Roberts v. State

Full title: ROBERTS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 26, 1976

225 S.E.2d 90 (Ga. Ct. App. 1976)

225 S.E.2d 90

Opinion

51800.

SUBMITTED FEBRUARY 3, 1976.

DECIDED FEBRUARY 26, 1976.

Criminal trespass. Chatham State Court. Before Judge Head.

Smith Portman, Alexander L. Zipperer, III, for appellant.

Andrew J. Ryan, Jr., District Attorney, Kathryn M. Aldridge, Assistant District Attorney, for appellee.

EVANS, Judge.

Defendant was convicted on accusation of the charge of criminal trespass. He was sentenced to pay a fine of $132 or to serve 6 months in the public works camps. Defendant appeals. Held:

It appears that the defendant paid the fine on September 9, 1975, before filing his appeal on September 24, 1975. This case becomes moot by reason of the payment of the fine imposed upon the accused. This court does not decide moot questions. See Blakey v. State, 31 Ga. App. 157 ( 120 S.E. 16); Kirksey v. Geer, 31 Ga. App. 52 ( 119 S.E. 440), and cits: Ogletree v. State, 63 Ga. App. 364 ( 11 S.E.2d 107); Perry v. State, 62 Ga. App. 115, 118 ( 8 S.E.2d 425); Poppell v. State, 114 Ga. App. 309 ( 151 S.E.2d 181).

Appeal dismissed. Pannell, P. J., and Marshall, J., concur.

SUBMITTED FEBRUARY 3, 1976 — DECIDED FEBRUARY 26, 1976.