Kenneth Andrew Bailey v. State

Opinion

Order filed May 15, 2014

In The

Eleventh Court of Appeals ___________

No. 11-13-00248-CR ___________

KENNETH ANDREW BAILEY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 24835A

ORDER Counsel has filed in this court a motion to dismiss this appeal due to the death of the appellant, Kenneth Andrew Bailey. On May 12, 2014, counsel provided this court with the death certificate. Bailey’s death deprives this court of jurisdiction. See Molitor v. State, 862 S.W.2d 615 (Tex. Crim. App. 1993). If an appellant in a criminal case dies after an appeal is perfected but before mandate has issued, the appeal must be permanently abated. TEX. R. APP. P. 7.1(a)(2). Accordingly, this appeal is permanently abated.

May 15, 2014 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.