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Poetter v. State

Citations: 244 Ga. App. 675; 536 S.E.2d 576; 2000 Fulton County D. Rep. 675; 2000 Ga. App. LEXIS 842Docket: A00A0196

Court: Court of Appeals of Georgia; June 29, 2000; Georgia; State Appellate Court

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On April 8, 1988, Louis Jerome Poetter pled guilty to nineteen counts of sodomy and one count of simple battery, receiving concurrent twenty-year sentences with eligibility for probation after eight years. Following his parole on January 23, 1996, Poetter was to reside in Gwinnett County under the supervision of Parole Officer B. Crosby, with a special condition prohibiting his return to Douglas County. However, on April 23, 1999, the Superior Court of Douglas County issued an order transferring his parole supervision from Gwinnett County to Douglas County, which was certified by the Douglas County District Attorney as having been properly communicated to relevant parties.

Poetter appealed this transfer, arguing it occurred without notice. The appeal was subsequently transferred from the Supreme Court of Georgia to the Court of Appeals. The Attorney General, appearing as a friend of the court, asserted the appeal was moot since Poetter's supervision had already been administratively transferred, a fact Poetter did not contest. Consequently, the appeal was dismissed based on mootness under OCGA § 5-6-48 (b) (3), with judges Pope and Smith concurring.