Archie Lawayne Booker v. State

• Court: Court of Appeals of Texas
• Decided: August 9, 2012
• Docket: 02-12-00295-CR
• Status: Published

Opinion

02-12-295-CR

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00295-CR

Archie Lawayne Booker		APPELLANT
V.
The State of Texas		STATE

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FROM THE 371st District Court OF Tarrant COUNTY

MEMORANDUM OPINION¹ AND JUDGMENT

ON PERMANENT ABATEMENT OF APPEAL

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        We have considered the “State’s Motion To Permanently Abate Appeal.”  Attached to the motion was Booker’s death certificate showing that he died on Friday, June 29, 2012.

          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.

                                                                             PER CURIAM

PANEL:  GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH

TEX. R. APP. P. 47.2(b)

DELIVERED:  August 9, 2012            

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¹See Tex. R. App. P. 47.1.