No. CR95-1440 Precedential Processed

State v. Caldwell

Louisiana Court of Appeal, First Circuit · Filed April 17, 1996 · 673 So. 2d 1156

Cited by

State v. Dozier 713 So. 2d 729 La. Ct. App. 3d Cir. 1998

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Stovall 541 So. 2d 1009
State v. Caldwell 616 So. 2d 713
State v. Caldwell 620 So. 2d 859
State v. Morris 328 So. 2d 65

Opinion text

WOODARD, Judge. Petitioner was convicted of three counts of distribution of cocaine, a violation of La.R.S. 40:967A. He appealed his convictions and sentences. The convictions were affirmed, the sentences were eventually vacated and the case was remanded for resentencing. Petitioner appealed the sentences imposed on resentencing. While this appeal was pending, defendant died. Thus, the proceeding against him is abated. State v. Stovall, 541 So.2d 1009 (La. App. 3 Cir.1989). However, defendant’s convictions have been affirmed on appeal and are not before this court. State v. Caldwell, 616 So.2d 713 (La.App. 3 Cir.), writ granted in part, denied in part, 620 So.2d 859 (La. 1993). Thus, the defendant’s convictions are not abated ah initio. State v. Morris, 328 So.2d 65 (La.1976). Accordingly, this appeal is dismissed.