James Carroll Glawson v. State

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

------------

FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY ------------

MEMORANDUM OPINION1 AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

----------

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DO NOT PUBLISH TEX.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