Francisco Castillo v. State

Opinion

Abated and Memorandum Opinion filed December 3, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00103-CR

FRANCISCO CASTILLO, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court Harris County, Texas Trial Court Cause No. 1369878

MEMORANDUM OPINION On November 20, 2013, this court was formally notified of appellant’s death and furnished a copy of appellant’s death certificate. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994). When an appellant dies after an appeal is perfected but before this court issues its mandate, the appeal is to be permanently abated. See Tex. R. App. P. 7.1(a)(2); see also Vargas v. State, 659 S.W.2d 422, 422–23 (Tex. Crim. App. 1983).

Accordingly, we order the appeal permanently abated.

PER CURIAM

Panel consists of Justices McCally, Busby, and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).