For Publication. 
 
IN THE SUPREME COURT OF THE VIRGIN ISLANDS 
 
EDWARDO CARMONA, JR., 
 
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S. Ct. Crim. No. 2008-044 
 
Re: Super. Ct. Crim. No. 286/2007 
Appellant/Defendant,
 
v. 
 
PEOPLE OF THE VIRGIN ISLANDS, 
 
 
Appellee/Plaintiff.
 
 
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On Appeal from the Superior Court of the Virgin Islands 
Considered and Filed: March 25, 2009 
 
ORDER OF THE COURT 
 
PER CURIAM. 
 
 
THIS MATTER is before the Court on March 6, 2009 motions for dismissal of appeal 
and to withdraw as counsel filed by Appellant’s counsel.  In its motions, counsel states that 
Edwardo Carmona, Jr., the Appellant in this matter, died after the notice of appeal in this matter 
was filed, and requests that this Court dismiss the appeal, remand the matter to the Superior 
Court so that it may vacate Appellant’s conviction, and allow counsel to withdraw from the 
matter.  The Appellee has not filed an opposition to these motions. 
 
Courts have consistently held that the death of a criminal defendant after a notice of 
appeal has been filed moots the appeal and requires that the underlying convictions be vacated 
and the information dismissed upon remand, for “death has deprived the accused of his right” to 
appellate review and “the interests of justice ordinarily require that he not stand convicted 
without resolution of the merits of his appeal, which is an integral part of [our] system for finally 
adjudicating guilt or innocence.”  United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 
Carmona v. People of the V.I. 
S. Ct. Crim. No. 2008-044 
Order of the Court 
Page 2 of 2 
 
1977); see also United States v. Christopher, 273 F.3d 294, 296-97 (3d Cir. 2001), cert. denied, 
536 U.S. 964, 122 S.Ct. 2764, 153 L.Ed.2d 847 (2002); United States v. Pogue, 19 F.3d 663, 665 
(D.C. Cir. 1994) (collecting cases).  According, it is hereby 
ORDERED that Appellant’s convictions are VACATED.  It is further 
ORDERED that Appellant’s motion for dismissal of appeal is GRANTED.  It is further 
ORDERED that the instant appeal is DISMISSED AS MOOT.  It is further 
ORDERED that Appellant’s motion to withdraw as counsel is DENIED AS MOOT.  It 
is further 
ORDERED that the matter is REMANDED to the Superior Court for proceedings 
consistent with this Order.  It is further 
 
ORDERED that copies of this Order be served on the parties’ counsel. 
 
SO ORDERED this 25th day of March, 2009. 
ATTEST:  
 
 
 
 
VERONICA J. HANDY, ESQ. 
Clerk of the Court