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STATE v. KORSEN

No. 31016.

111 P.3d 130 (2005)

141 Idaho 445

STATE of Idaho, Plaintiff-Respondent, v. David William KORSEN, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2005 Term.

April 1, 2005.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Lori A. Fleming argued.

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...

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