ANTONIO PARKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1988-09-13
No. 87-2266
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
530 So. 2d 1084 Florida District Court of Appeal, Third District (1988) Caution
Cited by 16 cases
Topics
Mootness

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Opinion of the Court
PER CURIAM.

ORDER PERMANENTLY ABATING CAUSE

PER CURIAM.

On January 10, 1988, during the pendency of this appeal from his conviction and sentence for grand theft, the appellant Antonio Parker died in custody. We conclude that, under these circumstances, permanent ab initio abatement of the prosecution, both in the trial court and in this one, is appropriate and is therefore hereby ordered. Cruz v. State, 137 So. 2d 254 (Fla. 2d DCA 1962); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960); cf. United States v. Romano, 755 F. 2d 1401 (11th Cir.1985) (death pending direct appeal of criminal conviction results in dismissal of appeal as moot and dismissal of indictment); United States v. Pauline, 625 F. 2d 684 (5th Cir. 1980) (abatement by death while appeal pending results in vacation of conviction and dismissal of indictment); compare Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976) (death results in dismissal of certiorari).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Clements, 668 So. 2d 980 (Fla. 1996)
    …or her appeal. See Carstens v. State, 638 So. 2d 630 (Fla. 4th DCA 1994); Jackson v. State, 559 So. 2d 320 (Fla. 3d DCA 1990); Kearns v. State, 536 So. 2d 1187 (Fla. 5th DCA 1989); D.R. v. State, 541 So. 2d 1202 (Fla. 2d DCA 1988); Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988); Cruz v. State, 137 So. 2d 254 (Fla. 2d DCA 1962).…
  • Kearns v. State, 536 So. 2d 1187 (Fla. 5th DCA 1989)
    …a permitted belated) appeal from that conviction, the appellant died. Under these circumstances, permanent abatement, ab initio, of the prosecution, both in this court and the trial court is the appropriate procedure to follow. See Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988); Cruz v. State, 137 So. 2d 254 (Fla. 2d DCA 1962); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960). ORDERED ACCORDINGLY. SHARP, C.J., and DAUKSCH, J., concur.…
  • D.R. v. State, 541 So. 2d 1202 (Fla. 3d DCA 1988)
    …PER CURIAM. On October 27, 1988, during the penden-cy of this appeal from his adjudication of delinquency, the appellant, D.R., a juvenile, died. The prosecution represented by this cause is therefore permanently abated ab initio. Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988).…

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