Gary Colman Landreth v. the State of Texas

Court of Appeals of Texas·Decided December 8, 2022·No. 11-22-00069-CR·Published

Opinion

Order filed December 8, 2022

In The

Eleventh Court of Appeals ___________

No. 11-22-00069-CR ___________ GARY COLMAN LANDRETH, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-19-1203-CR

ORDER On November 22, 2022, counsel notified this court of the death of Appellant, Gary Colman Landreth. Counsel provided this court with a copy of the custodial death report from the Office of the Attorney General of Texas. Appellant’s death deprives this court of jurisdiction. See Molitor v. State, 862 S.W.2d 615 (Tex. Crim. App. 1993). If an appellant in a criminal case dies after an appeal is perfected but before mandate has issued, the appeal must be permanently abated. TEX. R. APP. P. 7.1(a)(2). Accordingly, this appeal is permanently abated.

December 8, 2022 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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Related

Molitor v. State
862 S.W.2d 615 (Court of Criminal Appeals of Texas, 1993)