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Elliott v. State

Court of Criminal Appeals of Texas
May 21, 2003
No. 74,564 (Tex. Crim. App. May. 21, 2003)

Opinion

No. 74,564

Delivered: May 21, 2003. Do Not Publish

On Direct Appeal from Travis County.

JOHNSON, J., delivered the opinion of the Court, in which KELLER, P.J., and MEYERS, PRICE, KEASLER, HERVEY, HOLCOMB, COCHRAN, J.J., joined. WOMACK J., did not participate.


OPINION


Appellant was convicted of capital murder and sentenced to death. We affirmed the judgment and sentence. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App.), cert. denied, 510 U.S. 997 (1993). The trial court set appellant's execution date for February 4, 2003. On February 3, 2003 the trial court denied appellant's motion for DNA testing of evidence pursuant to Chapter 64 of the Texas Code of Criminal Procedure. On February 4, 2003, we denied appellant's motion for stay of execution pending, among other things, appeal of the denial of his request for DNA testing. Appellant's execution was carried out on February 4, 2003. On February 5, 2003, we received his appeal from the denial of appellant's motion for post-conviction DNA testing of evidence. The death of an appellant during the pendency of an appeal deprives this Court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex.Crim.App. 2000); Graham v. State, 991 S.W.2d 802 (Tex.Crim.App. 1998). Accordingly, we permanently abate appellant's appeal. Whitmire v. State, 943 S.W.2d 894 (Tex.Crim.App. 1997); Rheinlander v. State, 918 S.W.2d 527 (Tex.Crim.App. 1996); Vargas v. State, 659 S.W.2d 422 (Tex.Crim.App. 1983).


Summaries of

Elliott v. State

Court of Criminal Appeals of Texas
May 21, 2003
No. 74,564 (Tex. Crim. App. May. 21, 2003)
Case details for

Elliott v. State

Case Details

Full title:JOHN WILLIAM ELLIOTT, Appellant v. THE STATE OF TEXAS

Court:Court of Criminal Appeals of Texas

Date published: May 21, 2003

Citations

No. 74,564 (Tex. Crim. App. May. 21, 2003)