Garrett v. State

Blackburn, Presiding Judge.

This appeal follows James Mack Garrett’s conviction by a Union County jury of aggravated assault, aggravated assault on a correctional officer, and escape. The State has moved to dismiss the appeal because Garrett, upon remand to the sheriff, escaped custody on November 7, 1999, and remains at large. In support of the motion to dismiss, the State has submitted the affidavit of David Atkins, Sheriff of Union County. In her brief in support of the appeal, Garrett’s attorney acknowledges that his exact whereabouts remain unknown.

As defendant has escaped and remains…