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Poetter v. State

Defendant's appeal from the transfer of his parole supervision was moot since he failed to deny superior court's finding that appeal was moot.

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On April 8, 1988, Louis Jerome Poetter pled guilty to 19 counts of sodomy and one count of simple battery in the Superior Court of Douglas County, for which felony offenses he was sentenced to concurrent twenty-year terms, provided that, after serving eight years, Poetter would be eligible for probation. Effective January 23, 1996, the State Board of Pardons and Paroles ordered that Poetter be paroled “until the expiration of the confinement sentences.” Poetter planned to reside in Gwinnett County with his wife, and the Board’s order specified that Poetter would be supervised by Parole Officer B. Crosby in Lawrenceville, Georgia. One of the special conditions of the Board’s parole order was that Poetter would not return to Douglas County. On April 23, 1999, the Superior Court of Douglas County issued an order under the original indictment number, reciting that the court deemed it “appropriate for the actual supervision of Poetter to be maintained by and through the Adult Probation Department of the Department of Corrections in Douglas County,” and ordering that Poetter’s parole supervision be transferred from Gwinnett County to Douglas County. This order contains the certificate of the Douglas County District Attorney that he mailed a copy of the order to defendant, his counsel, the chiefs of Adult Probation in Gwinnett and Douglas Counties, the clerks of the respective superior courts, and an assistant attorney general.

Poetter’s direct appeal to the Georgia Supreme Court was transferred to the Court of Appeals. In three related enumerations of error, Poetter complains of the transfer of his parole supervision from Gwinnett County to Douglas County without notice.

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