Breland v. Smith

Hill, Presiding Justice.

We granted petitioner’s application to appeal the denial of his petition for habeas corpus in which he challenged the validity of his guilty plea to theft by receiving goods over $100.00 and the sentence of six years imposed by the Richmond County Superior Court on that plea.

1. Before examining the merits, a threshold question concerning mootness must be addressed. It is undisputed that the sentence on the guilty plea in issue in this case expired on February 9, 1976. It is also undisputed that on November 21, 1974, while petitioner was serving the six-year sentence…