Dwayne Walker v. State

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-91-434-CR

DWAYNE WALKER,

APPELLANT

vs.

THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT

NO. 0911452, HONORABLE WILFORD FLOWERS, JUDGE

PER CURIAM

This is an appeal from a judgment of conviction for aggravated sexual assault.

It has been brought to the attention of this Court that appellant died February 3, 1992. The death of the appellant during the pendency of appeal deprives this Court of jurisdiction. King v. State, 379 S.W.2d 907 (Tex. Crim. App. 1964); Crips v. State, 240 S.W.2d 112 (Tex. Crim. App. 1922).

The appeal is permanently abated. See Mojica v. State, 653 S.W.2d 121 (Tex. App. 1983, no pet.).

[Before Justices Powers, Jones, and Kidd]

Appeal Permanently Abated on Court's Motion

Filed: April 1, 1992

[Do Not Publish]