Benjamin Knighten Burch v. State

Opinion

Order entered October 28, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-01583-CR

BENJAMIN KNIGHTEN BURCH, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas

Trial Court Cause No. F09-00319-Q

ORDER

A letter sent to appellant notifying him of the Court’s submission date was returned by

the Texas Department of Criminal Justice with the handwritten notation “deceased” on the envelope. The Clerk of the Court contacted the Texas Department of Criminal Justice and spoke with an official at the Wynne Unit, who notified the Clerk of the Court that appellant passed away on September 12, 2015.

Accordingly, under Texas Rule of Appellate Procedure 7.1(a)(2), we PERMANENTLY ABATE this appeal.

/s/ MOLLY FRANCIS

JUSTICE