In the Interest of M. F., a Child ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    May 22, 2018
    The Court of Appeals hereby passes the following order:
    A18A0615. IN THE INTEREST OF M. F., a child.
    On May 11, 2017, the Juvenile Court of Richmond County adjudicated the
    Appellant delinquent and issued a disposition order requiring him to serve twelve
    months on probation. The Appellant appealed the order, contending that the evidence
    was insufficient to support the juvenile court’s judgment.
    Instead of addressing the merits of the appeal, however, we dismiss this appeal
    as moot in view of the fact that, as of the date of this order, the Appellant’s twelve-
    month probationary sentence has expired. “Although [an appellate] court may
    exercise its discretion to decide a criminal case even after the sentence has been
    served, it is not bound to do so.”1 We decline to reach the merits of this appeal
    because the defendant has not shown, on this record, any adverse collateral
    consequences arising from the juvenile court’s adjudication of him as delinquent.2
    1
    Baker v. State, 
    240 Ga. 431
    , 431-432 (241 SE2d 187) (1978) (citations
    omitted). Accord Miller v. State, 
    288 Ga. 153
    , 154 (702 SE2d 137) (2010) (holding
    that the Appellant’s challenge to the revocation of his probation became moot on the
    day the revocation was suspended).
    2
    See Baker, 
    240 Ga. at 432
    ; Miller, 288 Ga. at 154 (“While a matter does not
    become moot if adverse collateral consequences continue to plague the affected party,
    [the Appellant] has not shown adverse collateral consequences on the record, and we
    decline to presume them under these circumstances.”) (citations omitted).
    Consequently, the instant appeal is DISMISSED as MOOT.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    05/22/2018
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A18A0615

Filed Date: 6/4/2018

Precedential Status: Precedential

Modified Date: 6/4/2018