WASHINGTON (SHANISE ANTIONETTE) VS. COMMONWEALTH OF KENTUCKY
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RENDERED: APRIL 8, 2011; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2010-CA-000044-MR
SHANISE ANTIONETTE WASHINGTON
v.
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE PAMELA R. GOODWINE, JUDGE
ACTION NO. 06-CR-00112
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
DISMISSING
** ** ** ** **
BEFORE: COMBS, THOMPSON, AND VANMETER, JUDGES.
COMBS, JUDGE:
Shanise Washington appeals from an order of the Fayette
Circuit Court denying her motion pursuant to Kentucky Rule[s] of Civil Procedure
(CR) 60.02. Finding that her appeal is moot, we dismiss.
CR 60.02 allows convicted persons to ask the court to vacate or modify their
sentences. Washington stated explicitly in her motion that she was not trying to
have her sentence modified or vacated. Instead, she wanted to be granted
probation. The trial court determined that the motion presented issues that were
more appropriate for the Parole Board and denied the motion. During the
pendency of this appeal, Washington was granted parole and now resides in a
halfway house.
An appellate court must dismiss an appeal if “an event occurs which . . .
renders any judgment that might be pronounced ineffectual for any purpose.”
Brown v. Baumer, 191 S.W.2d 235, 238 (Ky. 1946). Washington’s release from
custody has rendered this appeal moot.
In a similar case, the predecessor of our Supreme Court explained as
follows:
Since appellant has already satisfied the sentence of the
court, we could make no order on this appeal which
would affect her status. We cannot remit the jail
sentence already served, and even if we should decide the
sentence should not have been imposed, the opinion
could not afford appellant any effectual relief in this case.
Dillingham v. Commonwealth, 249 S.W.2d 827, 828 (Ky. 1952). Although
Washington has not satisfied her sentence, she has been granted the relief that she
initially sought. She is no longer incarcerated, and we are unable to offer any
additional relief. The appeal is dismissed.
ALL CONCUR.
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BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Shanise Washington, pro se
Fredonia, Kentucky
Jack Conway
Attorney General of Kentucky
Joshua D. Farley
Assistant Attorney General
Frankfort, Kentucky
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