December 22, 1997

Mr. Fitzgerald Hinson

EF385820

Georgia Diagnostic Classification Center

Medical Ward #1, Bed #2

Post Office Box 3877

Jackson, Georgia 30233

RE:	A97A0890. Fitzgerald Hinson v. The State

Dear Mr. Hinson:

I am in receipt of your letter dated December 17, 1997 regarding the above referenced matter. Please be advised that the State filed a Notice of Intent to Seek Certiarori with the Supreme Court of Georgia. The filing of the notice of intent holds the remittitur in the Court of Appeals until such time as the State files their application for certiarori with the Supreme Court of Georgia. If the State does not file an application for certiarori in the Supreme Court of Georgia, the remittitur will go out approximately 30 days after the date of the notice of intent.

Since the remittitur has not gone out, I assume that is the reason the Department of Corrections has not gotten notification of this Court's reversal of your conviction.

I cannot comment on your Motion to Stay in DeKalb County filed under O.C.G.A. §42-5-50(c). You will need to direct that inquiry to your attorney of record, Ms. Sharon D. Smith-Knox, 1750 Powder Springs Road, Suite 190-123, Marietta, Georgia 30064.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

cc:	Ms. Sharon D. Smith-Knox