STATE OF LOUISIANA v. ROY JONES

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Court of Appeal of Louisiana, Second Circuit.

STATE OF LOUISIANA Appellee v. ROY R. JONES Appellant

No. 51,114-KA

Decided: March 08, 2017

Before BROWN, DREW, and STONE, JJ. LOUISIANA APPELLATE PROJECT, By: Douglas L. Harville, Counsel for Appellant GARY V. EVANS, District Attorney, CLIFFORD R. STRIDER, III, Assistant District Attorney, Counsel for Appellee

Defendant, Roy R. Jones, was charged with two counts of resisting an officer with force or violence. Defendant was subsequently convicted of two counts of attempted resisting an officer with force or violence and was sentenced to concurrent sentences of one and one-half years at hard labor. Defendant appealed his convictions and sentences to this Court.

During the pendency of this appeal, defendant has died. Defendant's counsel filed a motion to dismiss this appeal, to vacate defendant's convictions, and to remand to the district court with instructions to dismiss the indictment. Remand is unnecessary. In accordance with State v. Harvey, 94-0343 (La. 10/20/94), 644 So. 2d 371; State v. Thom, 438 So. 2d 208 (La. 1983); and State v. Hamilton, 370 So. 2d 874 (La. 1979), the motion to dismiss is granted, the judgment of conviction is vacated, and all proceedings in this prosecution are abated from their inception. See also State v. Burton, 46,552 (La. App. 2 Cir. 09/21/11), 74 So. 3d 253.

JUDGMENT OF CONVICTION VACATED.

PER CURIAM.

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