Terry Wayne Lewis v. State

Opinion

Order filed April 17, 2014

In The

Eleventh Court of Appeals ___________

No. 11-13-00098-CR ___________

TERRY WAYNE LEWIS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 244th District Court Ector County, Texas Trial Court Cause No. C-37,604

ORDER The State and opposing counsel have filed in this court a joint motion to permanently abate this appeal due to the death of Terry Wayne Lewis. The death certificate is attached to the motion. Lewis’s death deprives this court of jurisdiction. See Molitor v. State, 862 S.W.2d 615 (Tex. Crim. App. 1993). If an appellant in a criminal case dies after an appeal is perfected but before mandate has issued, the appeal must be permanently abated. TEX. R. APP. P. 7.1(a)(2). The joint motion is granted, and this appeal is permanently abated.

April 17, 2014 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.