State of Louisiana v. William Rose, Sr. (Per Curiam)
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Judgment rendered June 27, 2018. Application for rehearing may be filed within the delay allowed by Art. 992, La. C. Cr. P. No. 51,478-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus WILLIAM ROSE, SR. Appellant ***** Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana Trial Court No. 13-F-2291 Honorable Scott Leehy, Judge ***** LOUISIANA APPELLATE PROJECT By: Annette F. Roach Counsel for Appellant ROBERT S. TEW District Attorney Counsel for Appellee MICHELLE ANDERSON THOMPSON Assistant District Attorney ***** Before MOORE, PITMAN, and COX, JJ. PER CURIAM. On July 7, 2016, the defendant, William Rose, Sr., pled guilty to driving while intoxicated, fourth-offense. On September 7, 2016, he was sentenced to serve 22 years at hard labor. The defendant appealed his conviction and sentence to this court. On August 9, 2017, this court stayed the appeal and remanded the case for an additional Boykin hearing. On May 25, 2018, during the pendency of his appeal, the defendant died. Defendant’s counsel filed a motion to vacate the defendant’s judgment of conviction and abate all proceedings in this prosecution from their inception. The previously-issued stay is hereby lifted; and, 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 judgment of conviction is vacated, and all proceedings in this prosecution are abated from their inception.
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