James Carroll Glawson v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2013
• Docket: 02-12-00381-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00381-CR

JAMES CARROLL GLAWSON APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION1 AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

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We have considered the appellant’s “Motion To Permanently Abate

Appeal.” Attached to the motion was the certificate of death showing that

appellant James Carroll Glawson died on Wednesday, October 24, 2012.

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.

1 See Tex. R. App. P. 47.1. 1993). Under these circumstances, the appropriate disposition is the permanent

abatement of the appeal. See Tex. R. App. 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: MCCOY, MEIER, and GABRIEL, JJ.

DO NOT PUBLISH TEX.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

DELIVERED: January 31, 2013