STATE v. READO (2014)

Due to the procedural posture of this appeal, the underlying facts are neither known nor relevant. Although this court received a notice of appeal in late December 2013, the appeal has never been lodged. On February 28, 2014, Defendant's counsel filed a “Notice of Death of Appellant; Motion for Summary Reversal.” Counsel cited jurisprudence to support the reversal; also, he attached a copy of Defendant's newspaper obituary. Subsequently, counsel supplied a death certificate.

In light of Defendant's death, the court notes one of its earlier opinions:

[D]efense counsel filed a “Motion to Vacate the Judgments of Conviction and Abate Prosecution Ab Initio” with this court. Defense counsel asserts that, under the cited jurisprudence, a defendant's convictions and sentences should be vacated and the prosecution voided ab initio when that defendant dies during the pendency of his appeal. State v. Harvey, 94–343, p. 1 (La.10/20/94), 644 So.2d 371, 371 (citing State v. McClow, 364 So.2d 566, 566 (La.1978); State v. Morris, 328 So.2d 65, 67 (La.1976)); State v. Burton, 46,552, p. 1 (La.App. 2 Cir. 9/21/11), 74 So.3d 253, 253–54.

CONVICTION AND SENTENCE VACATED; PROSECUTION ABATED FROM INCEPTION.

GREMILLION, Judge.