Opinion
A92A1690.
DECIDED OCTOBER 8, 1992.
Writ of certiorari. DeKalb Superior Court. Before Judge Peters.
Joseph W. Newton, pro se. Robert E. Wilson, District Attorney, Edward E. Carter, for appellee.
Defendant Newton was convicted on a speeding charge before the municipal court of the City of Doraville. The municipal court fined defendant $75, which fine was paid in full without protest on the date of trial and sentencing. The Superior Court of DeKalb County overruled defendant's petition for writ of certiorari and defendant appeals. Held:
"`Although a court may exercise its discretion to decide a criminal case even after the sentence has been served ((cits.)), it is not bound to do so. (Cits.)' Baker v. State, 240 Ga. 431, 432 ( 241 S.E.2d 187) (1978). Here, as in Baker v. State, supra at 432, if there are any `adverse collateral consequences' resulting from [defendant's] misdemeanor conviction, [he] `has not shown, on this record,' their existence. Compare Parris v. State, 232 Ga. 687 ( 208 S.E.2d 493) (1974); Peach v. State, 168 Ga. App. 55 ( 308 S.E.2d 60) (1983). Likewise, any `question raised (in the instant case) is not one which can never be decided because it inevitably becomes moot prior to an appeal ...' Baker v. State, supra at 432. This is true because [defendant] was not required to pay the fine so as to avoid the immediate commencement of the [12 months] sentence. `At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.' OCGA § 17-6-1 (a). `"(O)ne convicted (of a misdemeanor) is entitled to bail as a matter of law. (Cits.)"' Holcomb v. State, 129 Ga. App. 86 ( 198 S.E.2d 876) (1973). Accordingly, in the absence of any evidence of `adverse collateral consequences' or of `inevitable mootness,' `(w)e decline (to exercise our discretion) to reach the merits of this appeal. ...' Baker v. State, supra at 432. See also Henry v. State, 148 Ga. App. 712 ( 252 S.E.2d 179) (1979). Compare Chaplin v. State, 141 Ga. App. 788 ( 234 S.E.2d 330) (1977)." Gamble v. State, 181 Ga. App. 871 ( 354 S.E.2d 174). See also Wilson v. State, 202 Ga. App. 160 ( 413 S.E.2d 504). As there is no suggestion that the record sent up from the superior court is incomplete or erroneous, defendant's motions predicated on OCGA § 5-6-48 (d) are denied.
Appeal dismissed. Sognier, C. J., and Andrews, J., concur.