P. v. Burdette
The People appeal from a judgment dismissing the information against Robert Burdette after granting his motion to suppress evidence. While this appeal was pending, Burdette died. Despite the mootness of the appeal, the People argue that we should nevertheless resolve the issue raised on appeal challenging the trial courts grant of Burdettes motion to suppress evidence. We decline to do so. All proceedings in this action have permanently abated by reason of Burdettes death, and the matter will be remanded to the superior court for the entry of an order to that effect. (People v. Dail (1943) 22 Cal.2d 642, 659.)
Contrary to the Peoples argument, Court conclude this appeal does not present any issue that warrants the exercise of our discretion to resolve it now, despite the evident mootness of the appeal.
Comments on P. v. Burdette