Opinion
110646752 A149393.
2014-05-19
STATE of Oregon, Plaintiff–Respondent, v. Wendell B. BARNES, aka Wendell Burton Barnes, Defendant–Appellant.
ORDER VACATING OPINION AND JUDGMENT AND DISMISSING APPEAL
DARLEEN ORTEGA, Presiding Judge.
By notice dated March 25, 2014, and, consistent with ORAP 8.05, counsel for appellant notified the court that appellant had died. Counsel moves to dismiss the appeal and to vacate the court's opinion, and the judgment of conviction. The motion is granted. State v. Hemenway, 353 Or. 498, 501–506, 302 P.3d 413 (2013) (vacating opinion and judgment of conviction when the defendant died before the court issued its decision).
Appeal dismissed; the court's opinion in State v. Wendell B. Barnes, 261 Or.App. 586, 323 P.3d 545 (2014), is vacated; judgment of conviction vacated.