Garrett v. State

Full title: GARRETT v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 28, 2000

536 S.E.2d 560 (Ga. Ct. App. 2000)

536 S.E.2d 560

Opinion

A00A1325.

DECIDED: JUNE 28, 2000

Aggravated assault, etc. Union Superior Court. Before Judge Stone.

Beverly Harris, for appellant. N. Stanley Gunter, District Attorney, William J. Langley, Assistant District Attorney, for appellee.

BLACKBURN, Judge.

This appeal follows James Mack Garrett's conviction by a Union County jury of aggravated assault, aggravated assault on a correctional officer, and escape. The State has moved to dismiss the appeal because Garrett, upon remand to the sheriff, escaped custody on November 7, 1999, and remains at large. In support of the motion to dismiss, the State has submitted the affidavit of David Atkins, sheriff of Union County. In her brief in support of the appeal, Garrett's attorney acknowledges that his exact whereabouts remain unknown.

As defendant has escaped and remains without the lawful custody and control of the authorities of this state, this case has become moot. Therefore, the motion to dismiss defendant's appeal must be granted. [Cits.] The public policy of this state is to deter escapes.

Blassingame v. State, 155 Ga. App. 235-236 ( 270 S.E.2d 399) (1980). See also Gilbert v. State, 188 Ga. App. 602 ( 373 S.E.2d 668) (1988). Accordingly, Garrett's appeal is dismissed.

Appeal dismissed. Eldridge and Barnes, JJ., concur.

DECIDED JUNE 28, 2000.