Merrill, Michael Lorren v. State

Opinion

Abated and Memorandum Opinion filed March 23, 2006

Abated and Memorandum Opinion filed March 23, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-04-01162-CR

NO. 14-04-01163-CR

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MICHAEL LORREN MERRILL, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause Nos. 46,207 & 46,208

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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Do Not Publish C Tex.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).