State of Louisiana v. Roy R. Jones (Judgment of Conviction Vacated. Per Curiam)
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Judgment rendered March 8, 2017. Application for rehearing may be filed within the delay allowed by Art. 992, La. C. Cr. P. No. 51,114-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus ROY R. JONES Appellant ***** 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 Counsel for Appellee CLIFFORD R. STRIDER, III Assistant District Attorney ***** 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.
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