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Wright v. State

Court of Appeals of Georgia
Sep 12, 1978
248 S.E.2d 232 (Ga. Ct. App. 1978)

Opinion

56166.

SUBMITTED JUNE 26, 1978.

DECIDED SEPTEMBER 12, 1978.

Theft of services. Fulton Superior Court. Before Judge Tanksley, Senior Judge.

Alvin T. Wong, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, R. David Petersen, Richard E. Hicks, Assistant District Attorneys, for appellee.


1. The state has moved to dismiss the appeal because of mootness as the defendant has served his sentence. An appellate court may dismiss an appeal in a criminal case where the sentence has been served, but may also in the exercise of discretion decide the case even after the sentence has been served. Baker v. State, 240 Ga. 431 ( 241 S.E.2d 187). We decline to dismiss and pass on the merits of the appeal.

2. Defendant was convicted of theft of services. His sole contention is that the evidence will not support the guilty verdict. We have examined the transcript of evidence and find that the jury's verdict of guilty was authorized. Accordingly, we affirm.

Judgment affirmed. Shulman and Birdsong, JJ., concur.

SUBMITTED JUNE 26, 1978 — DECIDED SEPTEMBER 12, 1978.


Summaries of

Wright v. State

Court of Appeals of Georgia
Sep 12, 1978
248 S.E.2d 232 (Ga. Ct. App. 1978)
Case details for

Wright v. State

Case Details

Full title:WRIGHT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 12, 1978

Citations

248 S.E.2d 232 (Ga. Ct. App. 1978)
147 Ga. App. 198