Clark v. State, 687 S.E.2d 593 (Ga. Ct. App. 2009). · Go Syfert
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Clark v. State, 687 S.E.2d 593 (Ga. Ct. App. 2009). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …the general rule is that if defendant would receive no benefit by reversal of the case, it is moot ✓
cited 2× by 2 distinct cases · …would receive no benefit by reversal of the case, it is moot at p. 355 ✓
17 citation events (17 in the last 25 years) across 1 distinct court.
Strongest positive: Sandra Armour v. State (gactapp, 2012-05-02)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (quoted) Sandra Armour v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence low
the general rule is that if defendant would receive no benefit by reversal of the case, it is moot
discussed Cited as authority (quoted) Armour v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence low
the general rule is that if defendant would receive no benefit by reversal of the case, it is moot
discussed Cited as authority (rule) State v. Quintavis Green
Ga. Ct. App. · 2015 · confidence medium
Because the trial court dismissed all the counts of the indictment as to which the motions to suppress would be applicable, and we have affirmed those dismissals, the State’s appeals of the trial court’s orders granting the Greens’ motions to suppress are dismissed as moot. “[T]he general rule is that if [appellant] would receive no benefit by reversal of the case, it is moot.” (Citation, punctuation and footnote omitted.) Clark v. State, 301 Ga. App. 354, 355 ( 687 SE2d 593 ) (2009).
discussed Cited as authority (rule) Giacomantonio v. Romagnoli
Ga. Ct. App. · 2010 · confidence medium
Hooker, and IB Penn, Ltd, (another corporation wholly owned by Penn) are referred to herein collectively as “Penn.” 7 Specifically, Romagnoli and Penn formed Torce, LLC to own and operate the Figo Pasta location in Decatur; formed Taparo, LLC to own and operate the Figo Pasta location in the Edgewood neighborhood; and formed IDA Atlanta, LLC to own and operate the Figo Pasta location in the Virginia-Highland neighborhood. 8 Flusso, LLC. 9 Figo Pasta A, LLC. 10 Figo Pasta B, LLC. 11 This amount represented the $429,893.71 value of Giacomantonio’s interest, less the debt he owed to the LLC…
discussed Cited "see" Steven Marcus Denson v. State (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Clark v. State, 301 Ga. App. 354, 355 ( 687 SE2d 593 ) (2009) (noting that we have the discretion to hear a criminal appeal even after the defendant has finished serving his sentence).
discussed Cited "see" Miller v. GGNSC Atlanta, LLC (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Clark v. State, 301 Ga. App. 354, 355 ( 687 SE2d 593 ) (2009) (as a general rule, if a party “would receive no benefit by reversal of the case, it is moot”) (citation and punctuation omitted).
discussed Cited "see" Michael Miller v. Ggnsc Atlanta, LLC (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Clark v. State, 301 Ga. App. 354, 355 ( 687 S.E.2d 593 ) (2009) (as a general rule, if a party “would receive no benefit by reversal of the case, it is moot”) (citation and punctuation omitted).
examined Cited "see" FEW v. State (3×)
Ga. Ct. App. · 2011 · signal: see · confidence high
Id. at 133 (2). 2 Jones v. State, 278 Ga. 669, 670 ( 604 SE2d 483 ) (2004) (citation and punctuation omitted). 3 See, e.g., Jones, 278 Ga. at 670 (“When the sentence imposed falls within the statutory range of punishment, the sentence is not void . . . .”); Bennett v. State, 292 Ga. App. 382, 385 (1) ( 665 SE2d 365 ) (2008) (“It is well established that... if the sentence is within the statutory limits, the appellate courts will not review it.” (citation and punctuation omitted)). 4 OCGA § 16-13-30 (d) (authorized sentencing range for the sale of cocaine is not less than five years no…
Retrieving the full opinion text from the archive…
Clark
v.
the State
A09A2355.
Court of Appeals of Georgia.
Oct 28, 2009.
687 S.E.2d 593
2009 Ga. App. LEXIS 1238
Alvin D. Clark, pro se., Rosanna M. Szabo, Solicitor-General, for appellee.
Blackburn, Adams, Doyle.
Cited by 8 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: Court of Appeals of Georgia (2)
BLACKBURN, Presiding Judge.

On March 2, 2009 Alvin D. Clark pled guilty to theft by shoplifting [1] and pled nolo contendere to simple battery. [2] The trial court sentenced him to twelve months confinement on each count, but suspended the sentence upon service of 180 days, with credit for time served since January 22, 2009. With additional credit for good behavior, Clark was apparently released on April 22, 2009, after serving only 90 days in jail.

On May 2, 2009, Clark was arrested on new charges of theft by shoplifting, obstruction of a law enforcement officer, and giving false information to a police officer. The State subsequently moved to impose the suspended sentence entered on Clark’s March 2, 2009 convictions. Following a hearing on that motion, the trial court granted the same, and entered an order requiring Clark to serve nine months in confinement. Clark responded by moving to withdraw his[*355] guilty plea and, following a hearing, the trial court denied that motion. Clark then filed the current appeal. Apparently having received credit for time previously served and for good behavior, however, Clark finished serving his sentence and was released from custody on September 17, 2009.

Decided October 28, 2009 Reconsideration denied December 1, 2009. Alvin D. Clark, pro se. Rosanna M. Szabo, Solicitor-General, for appellee.

“Although a court may exercise its discretion to decide a criminal case even after the sentence has been served, it is not bound to do so.” (Citations omitted.) Rodriguez-Martinez v. State. 3 Moreover, “[t]he general rule is that if defendant would receive no benefit by reversal of the case, it is moot.” Chaplin v. State. 4 Here, Clark does not seek to challenge either his convictions or the trial court’s denial of his motion to withdraw his guilty plea; rather, both his notice of appeal and his brief demonstrate that he is challenging only the trial court’s decision to impose the previously suspended sentence resulting from his convictions. Because Clark has completed that sentence, however, he has nothing to gain from this appeal. Accordingly, the appeal is dismissed as moot. Id. at 789 (1). See also Baker v. State; [5] OCGA § 5-6-34 (d) (“[n]othing in this subsection shall require the appellate court to pass upon questions which are rendered moot”).

Appeal dismissed.

Adams and Doyle, JJ., concur.
3

Rodriguez-Martinez v. State, 243 Ga. App. 409, 410 (1) (533 SE2d 443) (2000).

4

Chaplin v. State, 141 Ga. App. 788, 789 (1) (234 SE2d 330) (1977).

5

Baker v. State, 240 Ga. 431, 431-432 (241 SE2d 187) (1978).