Emilio Cortez Sandoval, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: December 3, 2003
• Docket: 07-03-00137-CR
• Status: Published

Opinion

NO. 07-03-0137-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

DECEMBER 3, 2003

______________________________

EMILIO CORTEZ SANDOVAL, JR., APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 287TH DISTRICT COURT OF BAILEY COUNTY;

NO. 2154; HONORABLE GORDON H. GREEN, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

PERMANENT ABATEMENT

Following a plea of not guilty, appellant Emilio Cortez Sandoval, Jr. was convicted by a jury of delivery of a controlled substance, enhanced, and punishment was assessed at 15 years confinement and a $5,000 fine. Following submission of this appeal, the State filed a Suggestion of Death indicating appellant died on November 16, 2003.

An appellant's death during the pendency of his appeal deprives an appellate court of jurisdiction. See Freeman v. State, 11 S.W.3d 240 (Tex.Cr.App. 2000) citing Ryan v. State, 891 S.W.2d 275 (Tex.Cr.App. 1994). Accordingly, this appeal is permanently abated.

Don H. Reavis

Justice

Do not publish.

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NO. 07-10-00445-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

DECEMBER 2, 2010

IN RE RODDY D. PIPPIN, RELATOR

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Relator Roddy Dean Pippin, proceeding pro se, filed a petition for writ of mandamus on October 25, 2010.  By letter of October 26, we informed relator of his failure to pay the requisite filing fee.  In a letter of November 12, we notified relator the filing fee remained unpaid and explained the proceeding would be dismissed unless the filing fee was paid or an affidavit of indigence filed by November 23.  See Tex. R. App. P. 5, 20.1, 42.3(c).  Relator did not pay the fee or file an affidavit of indigence as directed. 

Accordingly, we dismiss relator’s petition.  See Tex. R. App. P. 5, 42.3(c).

Per Curiam