Opinion
NO. 01-13-00513-CR
07-29-2014
CLINTON ANTHONY SUTTON, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 412th District Court Brazoria County, Texas
Trial Court Case No. 68,646
MEMORANDUM OPINION ON PERMANENT ABATEMENT
The State has filed a motion to permanently abate this appeal. See TEX. R. APP. P. 7.1(a)(2). The State attached to its motion a Certified Abstract of Vital Records, which indicates that appellant Clinton Anthony Sutton, Jr. died on May 5, 2014 in Palestine, Anderson County, Texas. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Beard v. State, 108 S.W.3d 304, 304 (Tex. Crim. App. 2003). The motion to permanently abate the appeal is granted. See TEX. R. APP. P. 7.1(a)(2).
Therefore, we order the appeal in trial court cause number 68,646 permanently abated.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).