Sergio Vela Barrera v. State

• Court: Court of Appeals of Texas
• Decided: March 11, 2010
• Docket: 13-03-00707-CR
• Status: Published

Opinion

NUMBER 13-03-00707-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

SERGIO VELA BARRERA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 389th District Court

of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza

MEMORANDUM OPINION PER CURIAM

In 2007, this Court issued an opinion in this case. ⁽¹⁾ The State appealed, and the court of criminal appeals reversed a portion of our judgment and remanded to the trial court. ⁽²⁾

criminal appeals reversed a portion of our judgment and remanded to the trial court.

The court of criminal appeals announced that appellant died on May 1, 2008. ⁽³⁾ Noting that "[t]he death of an appellant during the pendency of an appeal deprives both [the court of criminal appeals] and the court of appeals of jurisdiction," the court of criminal appeals withdrew its opinion in the case and ordered all further proceedings in the case permanently abated. ⁽⁴⁾

Similarly, in accordance with Texas Rule of Appellate Procedure 7.1(a)(2), we withdraw our opinion in this case, and order the appeal permanently ABATED. ⁽⁵⁾

PER CURIAM

Do not publish

TEX R. APP. P. 47.2(b)

Delivered and filed

the 11th day of March, 2010.

1. Barrera v. State, 235 S.W.3d 326, 332-33 (Tex. App.-Corpus Christi 2007), rev'd No. PD-1642-07, 2008 Tex. Crim. App. LEXIS 857 (Tex. Crim. App. Sept. 10, 2008).

2. Barrera, 2008 Tex. Crim. App. LEXIS 857 at *8.

3.

Barrera, No. PD-1642-07, 2008 Tex. Crim. App. Unpub. LEXIS 897, at *2 (Tex. Crim. App. Nov. 26, 2008) (per curiam)

4.

Id. (citing Garcia v. State, 840 S.W.2d 957, 958 (Tex. Crim. App.1992)); see also Rheinlander v. State, 918 S.W.2d 527, 527 (Tex. Crim. App. 1996) (per curiam).

5. See Tex. R. App. P. 7.1 (a)(2) ("If the appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appeal will be permanently abated."); Barrera, 2008 Tex. Crim. App. Unpub. LEXIS 897, at *2 .