People v. Peters

We granted leave to consider whether an order of restitution should abate where a convicted criminal defendant died pending *517appeal of his conviction.1 To decide this issue it is necessary to clarify our position on the rule of abatement ab initio.

In People v Elauim, we applied the rule of abatement ab initio to dismiss an appeal from, a criminal conviction and erase the criminal conviction and accompanying penal sanctions where a defendant died pending appeal.2 We continue to believe that it is appropriate to dismiss an appeal upon the death of a convicted criminal defendant, but are not…