State v. Gomes

This is an appeal from a judgment of conviction of rape in the first degree. Defendant-appellant died the day before oral argument on the merits was scheduled in this court. The State has moved that the appeal be dismissed, allowing appellant’s conviction below to stand. The Public Defender, counsel for appellant, is not opposed to dismissal of the appealper se, but argues that such dismissal should be in conjunction with an order vacating the judgment of conviction and the indictment.

No procedure is provided by rule or statute for the substitution of another party to prosecute this appeal.…