State v. Caldwell

Louisiana Court of Appeal

State v. Caldwell

673 So. 2d 1156, 1996 WL 180613

CourtLouisiana Court of Appeal

DecidedApril 17, 1996

DocketNo. CR95-1440

StatusPublished

Cited by1 cases

This text of 673 So. 2d 1156 (State v. Caldwell) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Caldwell, 673 So. 2d 1156, 1996 WL 180613 (La. Ct. App. 1996).

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Opinion

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.

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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.

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673 So. 2d 1156, 1996 WL 180613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-caldwell-lactapp-1996.

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