Cruz v. State

SHANNON, Chief Judge.

The defendant was tried, convicted and sentenced for the crime of robbery. Subsequently his appeal was lodged in this court and is now pending.

Counsel for the defendant-appellant has filed, under oath, a suggestion of the death of the appellant. The Attorney General, being informed of appellant’s death, has filed in this court a motion to abate ab initio these proceedings on appeal as well as those in the trial court.

In Bagley v. State, Fla.App. 1960, 122 So.2d 789, it was held that the death of the defendant pending appeal from a conviction in a prosecution for crime…