State v. Reagan

Full title: STATE OF TENNESSEE, Appellee, v. RICHARD DENNIS REAGAN, Appellant

Court: Court of Criminal Appeals of Tennessee. at Knoxville

Date published: Jul 5, 1996

C.C.A. No. 03C01-9508-CC-00213 (Tenn. Crim. App. Jul. 5, 1996)

Opinion

C.C.A. No. 03C01-9508-CC-00213.

July 5, 1996.

Appeal from Blount County, Honorable D. Kelly Thomas, Jr., Judge.

For the Appellant:

Mack Garner, District Public Defender.

For the Appellee:

Charles W. Burson, Attorney General Reporter, Timothy F. Behan, Assistant Attorney General, Criminal Justice Division, Michael L. Flynn, District Attorney General, Edward P. Bailey, Jr., Asst. Dist. Attorney General.

APPEAL DISMISSED

SUMMERS, Judge

OPINION

The appellant, Richard Dennis Reagan, appeals the trial court's revocation of his probation. His appeal, however, is moot since he has served the entire sentence from which he appeals. See McIntyre v. Traughber, 884 S.W.2d 134 (Tenn.Ct.App. 1994) (noting that appeal concerning legality of incarceration becomes moot upon unconditional release); see also State v. Wiley, No. 02C01-9408-CC-00175 (Tenn.Crim.App. April 12, 1995). This case does not fall within an exception to the rule of mootness to warrant a review.

The appeal is dismissed.

______________________________ PAUL G. SUMMERS, Judge

CONCUR:

_______________________________ JOE B. JONES, Presiding Judge

_______________________________ GARY R. WADE, Judge