RANK v. STATE

Full title: GREGORY WILLIAM RANK, Appellant v. THE STATE OF TEXAS, State

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Apr 24, 2008

No. 2-07-398-CR (Tex. App. Apr. 24, 2008)

Opinion

No. 2-07-398-CR

Delivered: April 24, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b)

Appeal from Criminal District Court No. 1 of Tarrant County.

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION¹ AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

1 See Tex. R. App. P. 47.1.

PER CURIAM.

We have considered the "Appellant's Motion To Permanently "bate The Appeal Due To Appellant's Death." A copy of the certificate of death states that appellant died on March 24, 2008. 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.