Opinion
NO. 02-12-00295-CR
08-09-2012
ARCHIE LAWAYNE BOOKER APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION AND JUDGMENT
ON PERMANENT ABATEMENT OF APPEAL
We have considered the "State's Motion To Permanently Abate Appeal." Attached to the motion was Booker's death certificate showing that he died on Friday, June 29, 2012.
The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993). Under these circumstances, the appropriate disposition is the permanent abatement of the appeal. See Tex. R. App. P. 7.1(a)(2).
No decision of this court having been delivered prior to the receipt of this motion, the court finds the motion to permanently abate the appeal should be granted. It is therefore ordered, adjudged, and decreed that the appeal is permanently abated.
PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH
TEX. R. APP. P. 47.2(b)
See Tex. R. App. P. 47.1.