Donald Gene Mohling v. State

Opinion

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DONALD EUGENE MOHLING, Appellant, v. THE STATE OF TEXAS, Appellee.

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No. 08-02-00428-CR Appeal from the 59th Judicial District Court of Grayson County, Texas (TC# 46753)

M E M O R A N D U M O P I N I O N

Appellant Donald Eugene Mohling timely perfected his appeal from his conviction in this cause. However, since that time, and prior to the time we rendered a decision in this case, Appellant's counsel has advised this court of Appellant's death and requested that we abate the appeal. A certified copy of Appellant's death certificate was attached to this communication. Under applicable precedents in this state, the death of an appellant during the pendency of his appeal deprives this Court of jurisdiction. Ryan v. State, 891 S.W.2d 275

(Tex. Crim. App. 1995). Accordingly, we must, and do, permanently abate the appeal of this cause. Rhienlander v. State, 918 S.W.2d 527, 528 (Tex. Crim. App. 1996).

August 25, 2004

RICHARD BARAJAS, Chief Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)