Opinion
14-23-00886-CR
02-27-2024
MARCUS CORNELL WATSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court Harris County, Texas Trial Court Cause No. 1666038
Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
ORDER
PER CURIAM.
On February 6, 2024, appointed counsel for appellant filed a motion to permanently abate this appeal because appellant died. Counsel attached a copy of appellant's death report to the motion. The motion is granted.
The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000). 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); see also Graham v. State, 991 S.W.2d 802, 802-03 (Tex. Crim. App. 1998). Accordingly, we order the appeal permanently abated.