Opinion
No. 05-15-01540-CR
01-27-2016
THE STATE OF TEXAS, Appellant v. MICHAEL BILLY DRAKE, Appellee
On Appeal from the 439th Judicial District Court Rockwall County, Texas
Trial Court Cause No. 2-14-597
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang and Brown
Opinion by Justice Brown
The Court has before it the State's January 21, 2016 motion to abate the appeal or alternatively to dismiss the appeal. In the motion, the State asserts that appellee has died. The Court has received a copy of the trial court's order dismissing the case below. Because abatement is the procedure when the appellant has died, abatement is not the proper remedy in this case where appellant is the State of Texas and appellee is the deceased. See TEX. R. APP. P. 7.1(b). We grant the motion to dismiss and dismiss the appeal. See TEX. R. APP. P. 42.2(a). Do Not Publish
TEX. R. APP. P. 47
/Ada Brown/
ADA BROWN
JUSTICE 151540F.U05
JUDGMENT
On Appeal from the 439th Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 2-14-597.
Opinion delivered by Justice Brown, Chief Justice Wright and Justice Lang participating.
Based on the Court's opinion of this date, we DISMISS the appeal. Judgment entered this 27th day of January, 2016.