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Ex parte Ashcraft

Court of Appeals of Texas, Fifth District, Dallas
Aug 2, 2021
No. 05-21-00201-CR (Tex. App. Aug. 2, 2021)

Opinion

05-21-00201-CR

08-02-2021

EX PARTE RICHARD ASHCRAFT


On Appeal from the County Court at Law No. 7 Collin County, Texas Trial Court Cause No. 007-87790-2020

ORDER

LANA MYERS JUSTICE

We REINSTATE this appeal.

On March 29, 2021, Richard Ashcraft filed a notice of appeal from the March 4, 2021 denial of his pre-trial application for writ of habeas corpus. On June 21, 2021, the State filed a letter informing the Court that Ashcraft was found deceased in Plano, Texas on June 8, 2021. The State attached a "Report of Death Investigation." We then abated the case for the trial court to hold a hearing to determine whether appellant is deceased.

At the hearing, the State offered (1) Detective Benzick's Death Investigation Report which he states appellant's body was discovered and positively identified by his mother, and (2) the Collin County Medical Examiner's statement that an autopsy was performed on appellant and the cause of death was pending. The trial judge signed findings of fact that appellant was found deceased on June 8, 2021. We ADOPT the trial court's finding.

Under Texas Rule of Appellate Procedure 7.1(a)(2), we PERMANENTLY ABATE this appeal. TEX. R. APP. P. 7.1(a)(2); see Ex parte Hunter, 297 S.W.3d 292, 293 (Tex. Crim. App. 2009).


Summaries of

Ex parte Ashcraft

Court of Appeals of Texas, Fifth District, Dallas
Aug 2, 2021
No. 05-21-00201-CR (Tex. App. Aug. 2, 2021)
Case details for

Ex parte Ashcraft

Case Details

Full title:EX PARTE RICHARD ASHCRAFT

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 2, 2021

Citations

No. 05-21-00201-CR (Tex. App. Aug. 2, 2021)