Opinion
S282462
02-21-2024
PEOPLE v. MOODY (TYRONE EUGENE)
B308495 Second Appellate District, Div. 4
Appeal abated
As indicated in a certified copy of a certificate of death, appellant Tyrone Eugene Moody died on October 19, 2023. Accordingly, the cause in the above-entitled action is hereby severed as to appellants Tyrone Eugene Moody and Frank Rafael Perez, and the criminal proceedings against Moody are permanently abated. As to appellant Moody, the matter is transferred to the Court of Appeal, Second Appellate District, Division Four, with directions to enter an abatement order in Case No. B308495 and to require the Superior Court for Los Angeles County to enter an order to that effect in Case No. BA445427. (Cal. Rules of Court, rule 8.258(d); People v. Dail (1943) 22 Cal.2d 642, 659; People v. Bandy (1963) 216 Cal.App.2d 458, 466.) As to appellant Perez, the matter is retained for decision, as previously ordered, under the above number and retitled as follows:
THE PEOPLE, Plaintiff and Respondent,
v.
FRANK RAFAEL PEREZ et al., Defendants and Appellants.