Humberto Lopez-Martinez v. State

Opinion

Abatement Order filed February , 2014

In The

Fourteenth Court of Appeals ____________

NO. 14-13-01011-CR ____________

HUMBERTO LOPEZ-MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 434th Judicial District Court Fort Bend County, Texas Trial Court Cause No. 12-DCR-060861A

ABATEMENT ORDER

On January 16, 2014, appellant’s counsel advised the court of the death of appellant and moved to permanently abate this appeal. On January 27, 2014, a certificate of death was filed, showing that appellant died on October 29, 2013.

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

Panel consists of Justices McCally, Busby and Donovan.