Kombudo, Patrick Onyango v. State

• Court: Court of Appeals of Texas
• Decided: January 12, 2006
• Docket: 14-03-00738-CR
• Status: Published

Opinion

Abated and Memorandum Opinion filed January 12, 2006

Abated and Memorandum Opinion filed January 12, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00738-CR

PATRICK ONYANGO KOMBUDO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 928,748

M E M O R A N D U M   O P I N I O N

On December 6, 2005, this court was formally notified of appellant=s death and furnished a copy of appellant=s death certificate.  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 withdraw our opinion of November 8, 2005.  The appeal is ordered permanently abated.

PER CURIAM

Memorandum Opinion filed January 12, 2006.

Panel consists of Justices Yates, Anderson, and Hudson.

Do not publish B Tex. R. App. P. 47.2(b).