McCall v. State

District Court of Appeal of Florida

McCall v. State

605 So. 2d 602, 1992 Fla. App. LEXIS 10570, 1992 WL 277247

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1992

DocketCase No. 91-2242

StatusPublished

Cited by2 cases

This text of 605 So. 2d 602 (McCall v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCall v. State, 605 So. 2d 602, 1992 Fla. App. LEXIS 10570, 1992 WL 277247 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Ervin L. McCall appeals his judgment and sentence from the Circuit Court of Okaloosa County. After the filing of the initial brief in this cause, counsel for appellant advised this court of the death of Mr. McCall and provided a copy of the death certificate. Counsel suggests that the proper disposition of this appeal is its abatement. See Williams v. State, 602 So.2d 676 (Fla.App.1992); Parker v. State, 530 So.2d 1084 (Fla. 3d DCA 1988). The State has indicated it has no opposition to this outcome. We therefore permanently abate the prosecution ab initio in the trial and appellate courts, in accordance with Williams and Parker.

IT IS SO ORDERED.

JOANOS, C.J., and WOLF and KAHN, JJ., concur.

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PER CURIAM.

Ervin L. McCall appeals his judgment and sentence from the Circuit Court of Okaloosa County. After the filing of the initial brief in this cause, counsel for appellant advised this court of the death of Mr. McCall and provided a copy of the death certificate. Counsel suggests that the proper disposition of this appeal is its abatement. See Williams v. State, 602 So.2d 676 (Fla.App.1992); Parker v. State, 530 So.2d 1084 (Fla. 3d DCA 1988). The State has indicated it has no opposition to this outcome. We therefore permanently abate the prosecution ab initio in the trial and appellate courts, in accordance with Williams and Parker.

IT IS SO ORDERED.

JOANOS, C.J., and WOLF and KAHN, JJ., concur.

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Bluebook (online)

605 So. 2d 602, 1992 Fla. App. LEXIS 10570, 1992 WL 277247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccall-v-state-fladistctapp-1992.

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