State v. Rose

Louisiana Court of Appeal

State v. Rose

250 So. 3d 1236

CourtLouisiana Court of Appeal

DecidedJune 27, 2018

DocketNo. 51,478–KA

StatusPublished

Cited by1 cases

This text of 250 So. 3d 1236 (State v. Rose) 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.

Bluebook

State v. Rose, 250 So. 3d 1236 (La. Ct. App. 2018).

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Opinion

PER CURIAM.

On July 7, 2016, the defendant, William Rose, Sr., pled guilty to driving while intoxicated, fourth-offense. On September 7, 2016, he was sentenced to serve 22 years at hard labor. The defendant appealed his conviction and sentence to this court.

On August 9, 2017, this court stayed the appeal and remanded the case for an additional Boykin hearing.

*1237On May 25, 2018, during the pendency of his appeal, the defendant died. Defendant's counsel filed a motion to vacate the defendant's judgment of conviction and abate all proceedings in this prosecution from their inception.

The previously-issued stay is hereby lifted; and, 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. Hamilton , 370 So.2d 874 (La. 1979) ; the judgment of conviction is vacated, and all proceedings in this prosecution are abated from their inception.

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PER CURIAM.

On July 7, 2016, the defendant, William Rose, Sr., pled guilty to driving while intoxicated, fourth-offense. On September 7, 2016, he was sentenced to serve 22 years at hard labor. The defendant appealed his conviction and sentence to this court.

On August 9, 2017, this court stayed the appeal and remanded the case for an additional Boykin hearing.

*1237On May 25, 2018, during the pendency of his appeal, the defendant died. Defendant's counsel filed a motion to vacate the defendant's judgment of conviction and abate all proceedings in this prosecution from their inception.

The previously-issued stay is hereby lifted; and, 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. Hamilton , 370 So.2d 874 (La. 1979) ; the judgment of conviction is vacated, and all proceedings in this prosecution are abated from their inception.

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Bluebook (online)

250 So. 3d 1236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rose-lactapp-2018.

Opinion

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