Gregory William Rank v. State

• Court: Court of Appeals of Texas
• Decided: April 24, 2008
• Docket: 02-07-00398-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 2-07-398-CR

GREGORY WILLIAM RANK APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY

MEMORANDUM OPINION 1 AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

We have considered the "Appellant’s Motion To Permanently Abate The

Appeal Due To Appellant’s Death.” A copy of the certificate of death states

that appellant died on March 24, 2008.

The death of an appellant during the pendency of an appeal deprives this

court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App.

1993). Under these circumstances, the appropriate disposition is the

1 … See T EX. R. A PP. P. 47.1. permanent abatement of the appeal. See T EX. R. A PP. P. 7.1(a)(2).

No decision of this court having been delivered prior to the receipt of this

motion, the court finds the motion to permanently abate the appeal should be

granted. It is therefore ordered, adjudged, and decreed that the appeal is

permanently abated.

PER CURIAM

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.

DO NOT PUBLISH TEX. R. APP. P. 47.2(b)

DELIVERED: April 24, 2008