State v. Lavitsky

In this state’s appeal from a criminal defendant’s sentence, the state, by motion to determine jurisdiction, has raised the issue of whether defendant’s release to the custody of the Immigration and Naturalization Service for eventual deportation has rendered the appeal moot. We conclude that the appeal is not moot because the imposition of a longer sentence will have a practical effect on the right of the state to reincarcerate defendant and the obligation of defendant to serve a longer sentence. Accordingly, this court continues to have jurisdiction to determine the merits of this appeal.

On…