Opinion
No. 51,114-KA
03-08-2017
STATE OF LOUISIANA Appellee v. ROY R. JONES Appellant
LOUISIANA APPELLATE PROJECT By: Douglas L. Harville Counsel for Appellant GARY V. EVANS District Attorney CLIFFORD R. STRIDER, III Assistant District Attorney Counsel for Appellee
Judgment rendered March 8, 2017. Application for rehearing may be filed within the delay allowed by Art. 992, La. C. Cr. P. Appealed from the Forty-Second Judicial District Court for the Parish of DeSoto, Louisiana
Lower Court Case No. 15CR26226 Honorable Charles B. Adams, Judge LOUISIANA APPELLATE PROJECT
By: Douglas L. Harville Counsel for Appellant GARY V. EVANS
District Attorney CLIFFORD R. STRIDER, III
Assistant District Attorney Counsel for Appellee Before BROWN, DREW, and STONE, JJ. PER CURIAM.
Defendant, Roy R. Jones, was charged with two counts of resisting an officer with force or violence. Defendant was subsequently convicted of two counts of attempted resisting an officer with force or violence and was sentenced to concurrent sentences of one and one-half years at hard labor. Defendant appealed his convictions and sentences to this Court.
During the pendency of this appeal, defendant has died. Defendant's counsel filed a motion to dismiss this appeal, to vacate defendant's convictions, and to remand to the district court with instructions to dismiss the indictment. Remand is unnecessary. 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 motion to dismiss is granted, the judgment of conviction is vacated, and all proceedings in this prosecution are abated from their inception. See also State v. Burton, 46,552 (La. App. 2 Cir. 09/21/11), 74 So. 3d 253.
JUDGMENT OF CONVICTION VACATED.