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PEOPLE v. DALY

No. 10CA0580.

313 P.3d 571 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Markham G. DALY, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

June 9, 2011.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Catherine P. Adkisson , Deputy Solicitor General, Denver, Colorado, for Plaintiff-Appellee.

Springer and Steinberg, P.C., Harvey A. Steinberg , Ariel Z. Benjamin , Denver, Colorado, for Defendant-Appellant.

Opinion by Judge BERNARD.

We address here the applicability of the doctrine of abatement ab initio — abatement "from the beginning" — in a criminal case. This is a court-created common law doctrine, see United States v. Estate of Parsons, 367 F.3d 409, 414 (5th Cir.2004), which requires criminal convictions to be vacated and charges to be dismissed when defendants die while their cases are pending.

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