Simpson v. State

Full title: LUTHOR DALE SIMPSON, APPELLANT v. THE STATE OF TEXAS, STATE

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

Date published: Aug 26, 2008

No. 2-08-102-CR (Tex. App. Aug. 26, 2008)

Opinion

No. 2-08-102-CR

Delivered: August 26, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b)

Appeal from Criminal District Court No. 3 of Tarrant County.

PANEL: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

MEMORANDUM OPINION¹ AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

1 See TEX. R. APP. P. 47.1.

PER CURIAM.

We have considered appellant's "Motion To Permanently "bate Appeal." A copy of the certificate of death states that appellant died on May 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.