STATE OF LOUISIANA VERSUS MICHAEL READO, SR.
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 14-341 STATE OF LOUISIANA VERSUS MICHAEL READO, SR. ************ APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 17533-97 HONORABLE RONALD F. WARE, DISTRICT JUDGE ************ SHANNON J. GREMILLION JUDGE ************ Court composed of Marc T. Amy, James T. Genovese, and Shannon J. Gremillion, Judges. CONVICTION AND SENTENCE VACATED; PROSECUTION ABATED FROM INCEPTION. John Foster DeRosier District Attorney - 14th JDC P.O. Box 3206 Lake Charles, LA 70602-3206 (337) 437-3400 Carla Sue Sigler Assistant District Attorney P.O. Box 3206 Lake Charles, LA 70602 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana Edward Kelly Bauman La Appellate Project P.O. Box 1641 Lake Charles, LA 70602-1641 (337) 491-0570 COUNSEL FOR APPELLANT: Michael Reado, Sr. Gremillion, Judge. Due to the procedural posture of this appeal, the underlying facts are neither known nor relevant. Although this court received a notice of appeal in late December 2013, the appeal has never been lodged. On February 28, 2014, Defendant s counsel filed a Notice of Death of Appellant; Motion for Summary Reversal. Counsel cited jurisprudence to support the reversal; also, he attached a copy of Defendant s newspaper obituary. Subsequently, counsel supplied a death certificate. In light of Defendant s death, the court notes one of its earlier opinions: [D]efense counsel filed a Motion to Vacate the Judgments of Conviction and Abate Prosecution Ab Initio with this court. Defense counsel asserts that, under the cited jurisprudence, a defendant s convictions and sentences should be vacated and the prosecution voided ab initio when that defendant dies during the pendency of his appeal. State v. Harvey, 94-343, p. 1 (La.10/20/94), 644 So.2d 371, 371 (citing State v. McClow, 364 So.2d 566, 566 (La.1978); State v. Morris, 328 So.2d 65, 67 (La.1976)); State v. Burton, 46,552, p. 1 (La.App. 2 Cir. 9/21/11), 74 So.3d 253, 253-54. Examination of the law and cited jurisprudence confirms that relief is due based on the facts in this case. Accordingly, Defendant s convictions and sentence are vacated and all proceedings in this prosecution are abated from their inception. State v. Bowden, 12-1352, p. 1 (La.App. 3 Cir. 1/9/13), 106 So.3d 308, 308. Information received from the district court clerk s office indicates that Reado was convicted of manslaughter. Pursuant to Bowden, Defendant s conviction and sentence are reversed and the prosecution voided ab initio. CONVICTION AND SENTENCE VACATED; PROSECUTION ABATED FROM INCEPTION.
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