Parker v. State, 87-2266
| Decision Date | 13 September 1988 |
| Docket Number | No. 87-2266,87-2266 |
| Citation | 530 So.2d 1084,13 Fla. L. Weekly 2153 |
| Parties | 13 Fla. L. Weekly 2153 Antonio PARKER, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Thomas M. Carney, judge.
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
ORDER PERMANENTLY ABATING CAUSE
On January 10, 1988, during the pendency of this appeal from his conviction and sentence for grand theft, the appellant Antonio Parker died in custody. We conclude that, under these circumstances, permanent ab initio abatement of the prosecution, both in the trial court and in this one, is appropriate and is therefore hereby ordered. Cruz v. State, 137 So.2d 254 (Fla. 2d DCA 1962); Bagley v. State, 122 So.2d 789 (Fla. 1st DCA 1960); cf. United States v. Romano, 755 F.2d 1401 (11th Cir.1985) (); United States v. Pauline, 625 F.2d 684 (5th Cir.1980) (); compare Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976) ().
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