People v. Rickstrew
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge CRISWELL.
In this appeal of a sentence, the issue presented is whether the death of defendant, Larry G. Rickstrew, during the pendency of this appeal requires abatement ab initio of his conviction. Because of his death, the People have moved to dismiss this appeal. In addition, the parties have responded to our order to show cause why the underlying-conviction should not be set aside. Upon consideration of those responses and the People’s motion to dismiss, we discharge the order to show cause and grant the motion to dismiss without abatement of the underlying conviction.
Defenda…
2Cases cited4 opinions
- State v. HoxsieSouth Dakota Supreme Court · 1997
- People v. ValdezColorado Court of Appeals · 1996
- People v. LipiraColorado Court of Appeals · 1980
- Commonwealth v. PalmerSuperior Court of Pennsylvania · 1972
3Cited by3 opinions
- State v. CarlinAlaska Supreme Court · 2011
- People v. DalyColorado Court of Appeals · 2011
- State v. CarlinAlaska Supreme Court · 2011