Beulah Sherman v. William Knapp and Zachory Bond

• Court: Court of Appeals of Texas
• Decided: June 5, 2002
• Docket: 06-01-00106-CV
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-01-00106-CV

BEULAH SHERMAN, Appellant

V.

WILLIAM KNAPP AND ZACHORY BOND, Appellees

On Appeal from the 165th Judicial District Court

Harris County, Texas

Trial Court No. 99-31947

Before Cornelius, C.J., Grant and Ross, JJ.

Opinion by Chief Justice Cornelius

O P I N I O N

Beulah Sherman, appellant, has filed a motion asking this Court to dismiss her appeal. Pursuant to Tex. R. App. P. 42.1, her motion is granted.

The appeal is dismissed.

William J. Cornelius

Chief Justice

Date Submitted: June 5, 2002

Date Decided: June 5, 2002

Do Not Publish

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                             No. 06-09-00151-CR

                                       BILLY R. BELGARD, Appellant

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the 188th Judicial District Court

                                                             Gregg County, Texas

                                                          Trial Court No. 37,584-A

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss

                                                      MEMORANDUM OPINION

            A jury convicted Billy R. Belgard of two counts of aggravated sexual assault of a child and assessed his punishment at life imprisonment.^[1]  Belgard filed his notice of appeal August 5, 2009.

            This Court has now been informed that Belgard has died.

            The death of an appellant during the pendency of his or her appeal deprives this Court of jurisdiction.  Tex. R. App. P. 7.1(a)(2); Whitmire v. State, 943 S.W.2d 894 (Tex. Crim. App. 1997); Rheinlander v. State, 918 S.W.2d 527, 528 (Tex. Crim. App. 1996).

            Accordingly, we permanently abate this appeal.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          February 22, 2010      

Date Decided:             February 23, 2010

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^[1]This appeal is a companion appeal to cause number 06-09-00152-CR, in which Belgard was convicted of one count of aggravated sexual assault of a child and one count of indecency with a child and assessed a punishment of fifty-four years’ and twenty years’ imprisonment, respectively.