Merrill, Michael Lorren v. State
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Opinion
Abated and Memorandum Opinion filed March 23, 2006.
In The
Fourteenth Court of Appeals
____________
NO. 14-04-01162-CR
NO. 14-04-01163-CR
MICHAEL LORREN MERRILL, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________
On Appeal from the 23rd District Court
Brazoria County, Texas
Trial Court Cause Nos. 46,207 & 46,208
M E M O R A N D U M O P I N I O N
These appeals were submitted without oral argument on December 13, 2005. The court was subsequently notified that appellant died on January 18, 2006. On March 16, 2006, the 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 order these appeals permanently abated.
PER CURIAM
Memorandum Opinion filed March 23, 2006.
Panel consists of Chief Justice Hedges and Justices Yates and Anderson.
Do Not Publish C Tex. R. App. P. 47.2(b).
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