Gilbert v. State

McMurray, Presiding Judge.

Defendant was convicted of theft by receiving stolen property. He was sentenced to serve 20 years in confinement and this appeal followed.

The State has moved to dismiss this appeal on the ground that defendant escaped from custody. The motion is supported by the affidavit of the sheriff of Madison County, Georgia, who averred that defendant escaped on July 4, 1988, and that he has been jailed in Florida where motor vehicle theft charges have been lodged against him. Thus, the evidence demonstrates that defendant is no longer “in custody” in Georgia. See Blassingame…