Kearns v. State (536 So. 2d 1187, 1989)

ON MOTION FOR REHEARING

ORFINGER, Judge.

The order previously entered herein dismissing this appeal because of the death of appellant is withdrawn and the following opinion is substituted in its place.

Appellant was convicted of manslaughter in the Circuit Court of Brevard County. Pending direct (albeit a permitted belated) appeal from that conviction, the appellant died. Under these circumstances, permanent abatement, ab initio, of the prosecution, both in this court and the trial court is the appropriate procedure to follow. See Parker v. State, 530 So.2d 1084 (Fla. 3d DCA 1988); Cruz v. State, 137 So.2d 254 (Fla. 2d DCA 1962); Bagley v. State, 122 So.2d 789 (Fla. 1st DCA 1960).

ORDERED ACCORDINGLY.

SHARP, C.J., and DAUKSCH, J., concur.