SHANISE ANTIONETTE WASHINGTON APPELLANT v. APPELLEE (2011)

NOT TO BE PUBLISHED

OPINIONDISMISSING

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.

COMBS, JUDGE: