Luthor Dale Simpson v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2008
• Docket: 02-08-00102-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 2-08-102-CR

LUTHOR DALE SIMPSON APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

MEMORANDUM OPINION 1 AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

We have considered appellant’s "Motion To Permanently Abate Appeal.”

A copy of the certificate of death states that appellant died on May 24, 2008.

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.

1993). Under these circumstances, the appropriate disposition is the

permanent abatement of the appeal. See T EX. R. A PP. P. 7.1(a)(2).

1 … See T EX. R. A PP. P. 47.1. 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, J.; CAYCE, C.J.; and LIVINGSTON, J.

DO NOT PUBLISH TEX.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

DELIVERED: August 26, 2008