GEORGE DARNELL MACK
v.
STATE OF FLORIDA
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When a sentence has already been served, an appeal challenging that sentence is dismissed as moot, and a conviction appeal may proceed independently.
[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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Join FLexlaw to unlock all legal intelligenceGeorge 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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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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Citator
Cited By (13 total)
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Mack v. State, 310 So. 3d 910 (Fla. 1st DCA 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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Bell v. Battaglia, 332 So. 3d 1094 (Fla. 2d DCA 2022)
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Isaiah JOE Bean v. State, 388 So. 3d 300 (Fla. 6th DCA 2024)…appears that Bean has already served the jail sentence imposed by the trial court. However, this appeal is not moot because the trial court also adjudicated Bean guilty of two counts of battery based on the violation of probation. Casiano v. State, 310 So. 3d 910, 915 (Fla. 2021) (“[A]n appeal of an underlying conviction is not rendered moot by the completion of a defendant’s sentence.”). At a violation of probation hearing, the State bears the burden to prove the alleged violation by a preponderance of t…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mack v. State, 310 So. 3d 910 (Fla. 1st DCA 2024)