PEOPLE v. RICKSTREW

No. 97CA1298.

961 P.2d 1139 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Larry G. RICKSTREW, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

June 11, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John J. Krause, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Elizabeth Griffin, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge CRISWELL.

In this appeal of a sentence, the issue presented is whether the death of defendant, Larry G. Rickstrew, during the pendency of this appeal requires abatement ab initio of his conviction. Because of his death, the People have moved to dismiss this appeal. In addition, the parties have responded to our order to show cause why the underlying conviction should not be set aside. Upon consideration of those responses and the People's motion...

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