Opinion
06-23-00104-CR
01-09-2024
Do Not Publish
Date Submitted: December 27, 2023
On Appeal from the 5th District Court Bowie County, Texas Trial Court No. 18F1272-005
Before Stevens, C.J., van Cleef and Rambin, JJ.
MEMORANDUM OPINION
Scott E. Stevens Chief Justice
Appellant, Laprense Derell Willis, perfected this appeal from a judgment of conviction entered by the 5th Judicial District Court of Bowie County, Texas, in trial court cause number 18F1272-005. Appellant's counsel filed a motion with this Court seeking the permanent abatement of this appeal due to the death of the appellant. According to the motion, appellant died on December 30, 2023, which was after the appeal was perfected but before this Court issued its mandate.
In accordance with Rule 7.1(a)(2) of the Texas Rules of Appellate Procedure, we grant this motion and permanently abate this appeal. See Tex. R. App. P. 7.1(a)(2); State v. McCaffrey, 76 S.W.3d 392, 392 (Tex. Crim. App. 2002) ("We have long held that the death of the appellant during the pendency of his appeal deprives the court of jurisdiction[,] and the proper disposition is [permanent] abatement."); Whitmire v. State, 943 S.W.2d 894, 895 (Tex. Crim. App. 1997) (per curiam).