State v. Korsen

JONES, Justice.

The State requested review of a decision of the Idaho Court of Appeals, granting the State Appellate Public Defender’s (SAPD’s) motion to abate ab initio all criminal proceedings against David William Korsen. Korsen had been sentenced to concurrent unified sentences of fifteen years and ordered to pay court costs and fees after being convicted on two counts of second degree kidnapping. Korsen died while his appeal was pending. We hold that abatement applies only to the custody or incarceration provisions of a judgment of conviction, and that Korsen’s conviction and order of…