Graham v. State
This text of 991 S.W.2d 802 (Graham v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
A jury convicted appellant, Donald Ray Graham, of attempted murder and assessed punishment at imprisonment for ten years. The Ninth Court of Appeals affirmed the conviction. Graham v. State, 950 S.W.2d 724 (Tex.App.—Beaumont 1997). We granted appellant’s petition for discretionary review to address the Court of Appeals’ decision concerning lesser included offenses.
Appellant has died. Under our precedents, the death of an appellant during the pendency of his appeal deprives this Court and the Court of Appeals of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App.1994); Tex.R.App. Proc. 7.1(a)(2). Accordingly, appellant’s petition for discretionary review is dismissed, and the Ninth Court of Appeals is directed to withdraw *803 its prior opinion and permanently abate the appeal of this case.
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Cite This Page — Counsel Stack
991 S.W.2d 802, 1998 Tex. Crim. App. LEXIS 117, 1998 WL 670398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-texcrimapp-1998.