Ott Law Firm Agent-Safe Plain Text
Official source remains authoritative.

Case: State of Missouri
vs.
James Raulerson
Case Number: WD78556
Court: Missouri Court of Appeals, Western District
Decision Date: Unknown
Outcome: affirmed
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/state-of-missouri-v-james-raulerson-d78556
Official Source URL: https://www.courts.mo.gov/file.jsp?id=120373
Related Practice Areas:
- Criminal Law: https://ott.law/practice-areas/criminal-law?ott_archive=missouri-courts&ott_archive_practice_area=criminal-law&ott_archive_query=State+of+Missouri%0Avs.%0AJames+Raulerson&ott_archive_link_source=tag&ott_archive_link_score=30&ott_archive_link_evidence=tag%3A+criminal-law%3B+text%3A+state+of+missouri&ott_archive_location=opinion_plain_text_practice_area (slug: criminal-law; source: tag; score: 30; evidence: tag: criminal-law, text: state of missouri, text: conviction)

---
## Opinion

STATE OF MISSOURI, 
Respondent, 
v. 
 
JAMES RAULERSON, 
Appellant. 
) 
) 
) 
) 
) 
) 
 
 
WD78556 
 
 

  
APPEAL FROM THE CIRCUIT COURT OF CLAY COUNTY 
THE HONORABLE JANET L. SUTTON, JUDGE 
 
BEFORE DIVISION TWO: CYNTHIA L. MARTIN, PRESIDING JUDGE,  
LISA WHITE HARDWICK AND ALOK AHUJA, JUDGES  
 
 James Raulerson was convicted of first-degree child molestation and 
sentenced to a term of 20 years in prison.  On June 27, 2017, we affirmed his 
conviction but vacated his sentence and remanded the case to the circuit court for 
resentencing.  The State subsequently filed a motion in this court for rehearing or 
transfer to the Supreme Court.  On July 26, 2017, Raulerson's counsel informed 
this court that Raulerson had died on July 23, 2017, and she asked us to stay our 
ruling on the State's motion for rehearing or transfer until after she obtained a 
death certificate confirming Raulerson's death.  We granted the stay.  On October 
24, 2017, Raulerson's counsel filed a copy of his death certificate along with a 

2 
 
motion to lift the stay and remand the case to the circuit court with instructions to 
dismiss the underlying criminal case. 
 The stay is lifted.  Because Raulerson died while his appeal was still pending, 
he was never finally convicted of the charged crime of first-degree child 
molestation during his lifetime, and his death served to abate the prosecution 
against him.  State v. Macklin, 560 S.W.2d 69, 70 (Mo. App. 1977); State v. 
Benitez, 412 S.W.3d 451, 452 (Mo. App. 2013).  Therefore, we withdraw our 
opinion, filed on June 27, 2017, and remand this case to the circuit court with 
directions to dismiss the underlying criminal case.       
 
 
       ____________________________________  
       LISA WHITE HARDWICK, JUDGE 
 
ALL CONCUR.