Harold Eugene Pratt v. State

Court of Appeals of Texas·Decided December 14, 2006·No. 14-06-00453-CR·Published

Opinion

Abated and Opinion filed December 14, 2006

Abated and Opinion filed December 14, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00453-CR

NO. 14-06-00454-CR

HAROLD EUGENE PRATT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1043165 & 1061934

M E M O R A N D U M   O P I N I O N

On November 30, 2006, this court was formally notified of appellant=s death and furnished a copy of the Texas Department of Criminal Justice=s autopsy order.  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 appeals permanently abated.


PER CURIAM

Opinion filed December 14, 2006.

Panel consists of Justices Frost, Seymore, and Guzman.

Do not publish B Tex.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

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Related

Ryan v. State
891 S.W.2d 275 (Court of Criminal Appeals of Texas, 1994)