Terrance Wayne Parnell v. State

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-17-00048-CR

TERRANCE WAYNE PARNELL, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 46th District Court Wilbarger County, Texas Trial Court No. 12,104, Honorable Dan Mike Bird, Presiding

December 7, 2018

PERMANENT ABATEMENT Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant Terrance Wayne Parnell was convicted by jury of the offense of

aggravated robbery1 and sentenced to a term of imprisonment. Appellant perfected an

appeal, but a mandate has not yet been issued by the court.

The State has filed a document indicating appellant died on February 1, 2018. The

death of the appellant during the pendency of his criminal appeal deprives this court of

1 TEX. PENAL CODE ANN. § 29.03 (West 2018). jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000) (citing Ryan v.

State, 891 S.W.2d 275 (Tex. Crim. App. 1994); TEX. R. APP. P. 7.1(a)(2)). The proper

action is abatement of the appeal. See TEX. R. APP. P. 7.1(a)(2).

Accordingly, this appeal is permanently abated.

James T. Campbell Justice

Do not publish.