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STATE v. DEVIN

No. 76947-8.

142 P.3d 599 (2006)

STATE of Washington, Petitioner, v. Jules DEVIN, Respondent.

Supreme Court of Washington, En Banc.

Decided August 24, 2006.

Attorney(s) appearing for the Case

Brian Martin McDonald, King County Prosecutor's Office, Seattle, for Petitioner/Appellant.

Gregory Charles Link, Washington Appellate Project, Seattle, for Appellee/Respondent.

William Berggren Collins, Carol A. Murphy, Attorney General's Office, Olympia, Amicus Curiae on behalf of Attorney General of Washington.

ALEXANDER, C.J.

¶1 The Court of Appeals vacated the attempted murder conviction of Jules Devin because, after his conviction, Devin died. We hold that, because Devin failed to file a timely appeal, it was error to apply the common law rule that when a criminal appellant dies with an appeal pending, the underlying conviction is abated as if it never happened. Furthermore, we agree with the State that the abatement rule, first established in 1914 in State v...

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