46,552-KA Precedential Processed

State v. Burton

Louisiana Court of Appeal, Second Circuit · Filed September 21, 2011 · 74 So. 3d 253

Cited by

State of Louisiana v. Terry Lemaire La. Ct. App. 3d Cir. 2022
State of Louisiana v. Robert Lee Sargent La. Ct. App. 3d Cir. 2021
State of Louisiana v. Ronald Gene McLain La. Ct. App. 3d Cir. 2021
State of Louisiana v. Michael Reado, Sr. La. Ct. App. 3d Cir. 2014
State v. Reado 139 So. 3d 637 La. Ct. App. 1st Cir. 2014
State of Louisiana v. James Bowden La. Ct. App. 3d Cir. 2013
State v. Bowden 106 So. 3d 308 La. Ct. App. 1st Cir. 2013

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Harvey 644 So. 2d 371
State v. Thom 438 So. 2d 208
State v. Morris 328 So. 2d 65

Opinion text

PER CURIAM. | defendant William Burton was charged with armed robbery and aggravated burglary subsequent to a Caddo Parish home invasion committed on March 19, 1979. The case was tried before a jury in February 1980, but the defendant fled during the course of the trial. The jury convicted Burton of both offenses in absentia. Burton was a fugitive for 30 years; the next entry in the appellate record is in 2010. In December 2010, the trial court sentenced Burton to serve maximum consecutive sentences, and Burton appealed his convictions and sentences to this Court. During the pendency of this appeal, Burton died. His counsel filed a motion to *254 vacate his convictions, and this Court directed the prosecutor to respond to that motion. In its response, the prosecutor agreed that Burton’s convictions should be vacated. Therefore, 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. Morris, 328 So.2d 65, 67 (La.1976), the judgment of conviction is vacated and all proceedings in this prosecution are abated from their inception. JUDGMENT OF CONVICTION VACATED.