Opinion
No. SC10-356.
November 16, 2010.
Lower Tribunal No(s). CR 83-5401.
Appellant's counsel has filed a suggestion of death, indicating that appellant, David Eugene Johnston, has died and requesting that the cause be dismissed. The State has filed a motion for issuance of decision notwithstanding appellant's death. Upon consideration of the suggestion of death and the State's motion, it is ordered that the State's motion for issuance of decision is denied and the cause is hereby dismissed.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.