State v. Benitez

Missouri Court of Appeals

State v. Benitez

412 S.W.3d 451, 2013 WL 5675910, 2013 Mo. App. LEXIS 1216

CourtMissouri Court of Appeals

DecidedOctober 17, 2013

DocketNo. SD 32063

StatusPublished

Cited by2 cases

This text of 412 S.W.3d 451 (State v. Benitez) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Benitez, 412 S.W.3d 451, 2013 WL 5675910, 2013 Mo. App. LEXIS 1216 (Mo. Ct. App. 2013).

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Opinion

PER CURIAM.

Jose T. Benitez (“Appellant”) was convicted and sentenced to a violation of section 566.062, RSMO Cum.Supp.2006. The conviction was affirmed by this Court on June 10, 2013; subsequently, an Application for Transfer was filed in the Supreme Court of Missouri. While the application for transfer was pending, Appellant died. The Supreme Court granted the application for transfer but then retransferred the cause to this Court for:

reconsideration in light of City of Clayton v. Sigoloff, 452 S.W.2d 815, 316 (Mo.App.1970) (remanding the cause to the circuit court to dismiss the underlying action where defendant passed away while appeal was pending). Cf. State v. Macklin, 560 S.W.2d 69, 70 (Mo.App.1977) (noting that “[d]uring his lifetime, defendant was never finally convicted of the crimes charged and his death served to abate the prosecutions against him.”); State v. Lee, 580 S.W.2d 563, 564 (Mo.App.1979); State v. King, 603 S.W.2d 71, 72 (Mo.App.1980); State v. West, 630 S.W.2d 271, 271 (Mo.App.1982).

Thus, in light of the aforementioned cases, we remand to the circuit court to dismiss the underlying action.

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PER CURIAM.

Jose T. Benitez (“Appellant”) was convicted and sentenced to a violation of section 566.062, RSMO Cum.Supp.2006. The conviction was affirmed by this Court on June 10, 2013; subsequently, an Application for Transfer was filed in the Supreme Court of Missouri. While the application for transfer was pending, Appellant died. The Supreme Court granted the application for transfer but then retransferred the cause to this Court for:

reconsideration in light of City of Clayton v. Sigoloff, 452 S.W.2d 815, 316 (Mo.App.1970) (remanding the cause to the circuit court to dismiss the underlying action where defendant passed away while appeal was pending). Cf. State v. Macklin, 560 S.W.2d 69, 70 (Mo.App.1977) (noting that “[d]uring his lifetime, defendant was never finally convicted of the crimes charged and his death served to abate the prosecutions against him.”); State v. Lee, 580 S.W.2d 563, 564 (Mo.App.1979); State v. King, 603 S.W.2d 71, 72 (Mo.App.1980); State v. West, 630 S.W.2d 271, 271 (Mo.App.1982).

Thus, in light of the aforementioned cases, we remand to the circuit court to dismiss the underlying action.

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Bluebook (online)

412 S.W.3d 451, 2013 WL 5675910, 2013 Mo. App. LEXIS 1216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benitez-moctapp-2013.

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