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STATE v. CLEMENTS

Nos. 85414, 85786.

668 So.2d 980 (1996)

STATE of Florida, Petitioner, v. Michael Renardo CLEMENTS, Respondent. STATE of Florida, Petitioner, v. Marjorie Elizabeth THOMAS, Respondent.

Supreme Court of Florida.

February 29, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; and James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals and Daniel A. David and Douglas Gurnic, Assistant Attorneys General, Tallahassee, for Petitioner.

Nancy A. Daniels, Public Defender; and P. Douglas Brinkmeyer, Assistant Public Defender, Chief, Appellate Intake Division and Glen P. Gifford, Assistant Public Defender, Second Judicial Circuit, Tallahassee, on behalf of Michael Renardo Clements and Marjorie Elizabeth Thomas, Deceased, for Respondents.

WELLS, Justice.

We have for review two decisions presenting the following question certified to be of great public importance:

DOES THE DEATH OF A CRIMINAL DEFENDANT AFTER JUDGMENT AND SENTENCE, BUT DURING THE PENDENCY OF THE APPEAL THEREFROM, REQUIRE THE PROSECUTION TO BE PERMANENTLY ABATED AB INITIO IN THE TRIAL AND APPELLATE COURTS?

Clements v. State, 652 So.2d 1294 (Fla. 1st DCA 1995); Thomas v. State...

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