State v. Devin

¶1

Alexander, C.J.

The Court of Appeals vacated the attempted murder conviction of Jules Devin because after *159his conviction, Devin died. We hold that because Devin failed to file a timely appeal, it was error to apply the common law rule that when a criminal appellant dies with an appeal pending, the underlying conviction is abated as if it never happened. Furthermore, we agree with the State that the abatement rule, first established in 1914 in State v. Furth, 82 Wash. 665, 667, 144 P. 907 (1914), is in conflict with modern laws that compensate crime victims for their suffering. Accordingly,…