Harder v. State

Full title: MARY ANN HARDER, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jul 31, 2008

Nos. 14-04-00776-CR (Tex. App. Jul. 31, 2008)

Opinion

Nos. 14-04-00776-CR

Opinion filed July 31, 2008. DO NOT PUBLISH B TEX. R. APP. P. 47.2(B).

On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause No. 965,673.

Panel consists of Justices FROST, SEYMORE, and HUDSON.^_

_ Senior Justice Hudson sitting by assignment.

MEMORANDUM OPINION

PER CURIAM.

This case was submitted on the briefs on December 1, 2005. On April 13, 2006, appellant's counsel advised the court of the possible death of appellant, and stated that he would forward appellant's death certificate when available. On June 21, 2006, appellant's counsel filed an updated notice of the possible death of appellant, stating that DNA testing would have to be performed, which might take several months to complete. We abated the appeal until appellant's counsel obtained verification of the death of appellant. On July 11, 2008, appellant's counsel filed a motion to abate the appeal due to the death of appellant. Attached to the motion is a copy of the death certificate, showing that appellant died on March 10, 2006. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994). When an appellant dies after an appeal is perfected, but before this court issues the mandate, the appeal is to be permanently abated. See TEX. R. APP. P. 7.1(a)(2). Accordingly, we order the appeal permanently abated.