Kenneth Andrew Bailey v. State
This text of Kenneth Andrew Bailey v. State (Kenneth Andrew Bailey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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May 15, 2014 PER CURIAM Do not publish.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.
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