Harder, Mary Ann v. State

• Court: Court of Appeals of Texas
• Decided: July 31, 2008
• Docket: 14-04-00776-CR
• Status: Published

Opinion

Abated and Memorandum Opinion filed July 31, 2008

Abated and Memorandum Opinion filed July 31, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00776-CR

MARY ANN HARDER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 965,673

M E M O R A N D U M   O P I N I O N

This case was submitted on the briefs on December 1, 2005.  On April 13, 2006, appellant=s counsel advised the court of the possible death of appellant, and stated that he would forward appellant=s death certificate when available.  On June 21, 2006, appellant=s counsel filed an updated notice of the possible death of appellant, stating that DNA testing would have to be performed, which might take several months to complete.  We abated the appeal until appellant=s counsel obtained verification of the death of appellant.

On July 11, 2008, appellant=s counsel filed a motion to abate the appeal due to the death of appellant.  Attached to the motion is a copy of the death certificate, showing that appellant died on March 10, 2006.

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 the mandate, the appeal is to be permanently abated.  See Tex. R. App. P. 7.1(a)(2).

Accordingly, we order the appeal permanently abated.

PER CURIAM

Opinion filed July 31, 2008.

Panel consists of Justices Frost, Seymore, and Hudson.*

Do not publish B Tex. R. App. P. 47.2(b).

* Senior Justice Hudson sitting by assignment.