(dissenting).
[¶ 33] I respectfully dissent, as the issues involved in this appeal are moot and should not be considered.
[¶ 34] The record reveals that Watkins was released from incarceration in the state penitentiary on January 31, 1997, almost six months after he appealed to this Court. “Traditionally, the satisfaction of a sentence by the service of a prison term renders the case moot and precludes a direct review of the conviction or sentence.” Moeller v. Solem, 363 N.W.2d 412, 413 (S.D.1985) (citations omitted). If there is no longer a justiciable controversy, or if the judgment lacks a “ ‘practical legal effect,’ ” an action is moot. Id. (quoting State v. Wilson, 234 N.W.2d 140, 141 (Iowa 1975)).
[¶ 35] Although this Court possesses the “discretion to consider moot questions if they are of general public importance, have probable future occurrence, and risk probable future mootness[,]” Boesch v. City of Brookings, 534 N.W.2d 848, 849-50 (S.D.1995) (citations omitted), no issue in this case affects the legal rights of the general public. SDCL 24-15-21 affects, at most, paroled individuals. Further, the scenario of an individual who is released from incarceration on parole and thereafter absconds from this State for six years is by no means a regular occurrence.
[¶ 36] Therefore, I would dismiss this appeal as moot.