GEORGE DARNELL MACK
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-03-13
No. 2022-3500
2024 FL 2675 Florida District Court of Appeal, First District (2024) Negative Treatment

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Holding

When a sentence has already been served, an appeal challenging that sentence is dismissed as moot, and a conviction appeal may proceed independently.


Headnotes

[1] Where a criminal defendant's sentence has been entirely served prior to appeal, the sentencing appeal becomes moot and is subject to dismissal, though the conviction itse…

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Facts & Procedural History

George Darnell Mack appealed his conviction and sentence in a Union County criminal matter. The sentence had already been fully served at the time of …

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Opinion of the Court

March 13, 2024 PER CURIAM.

The judgment on appeal is affirmed. Since the sentence has already been served, the appeal as to the sentence is dismissed as moot. See Casiano v. State, 310 So. 3d 910, 913 (Fla. 2021).

AFFIRMED in part, DISMISSED in part.

BILBREY, WINOKUR, and TANENBAUM, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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