Summary
holding that appeal is not moot even though the defendant had completed his sentence because the “possibility of removing the stigma of a conviction represents a significant practical purpose demonstrating the continuing viability of the appeal”
Summary of this case from M.L.J. v. StateOpinion
No. 87-2117.
June 8, 1988.
Appeal from the Circuit Court, Eighth Judicial Circuit, Stan R. Morris, J.
Michael Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and A.E. Pooser, Asst. Atty. Gen., for appellee.
ON MOTION TO DISMISS
Because appellant's sentence has expired, appellee moves to dismiss this appeal as moot. However, as appellant points out, the issues to be raised on appeal challenge the legality of the conviction, rather than the sentence. The possibility of removing the stigma of a conviction represents a significant practical purpose demonstrating the continuing viability of the appeal. Accordingly, the motion to dismiss is denied.
SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.