The State of Texas v. Truman McCollum

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00528-CR

NO. 03-23-00529-CR

The State of Texas, Appellant v.

Truman McCollum, Appellee

FROM THE COUNTY COURT AT LAW NO. 3 OF BELL COUNTY NOS. MR2C2101190 & MR2C2101191, THE HONORABLE REBECCA DEPEW, JUDGE PRESIDING

MEMORANDUM OPINION

In the above appeals filed by the State of Texas, challenging the trial court’s order granting appellee Truman McCollum’s pretrial motion to suppress evidence, counsel for McCollum filed a suggestion of death, representing that counsel had been informed that McCollum had died during the pendency of these appeals and that counsel was in the process of obtaining a death certificate to provide verification of this to the Court. This Court abated the appeals so that counsel could obtain proof of McCollum’s death. See State v. McCollum, Nos. 03-23-00528-CR & 03-23-00529-CR, 2023 WL 8852379, at *1 (Tex. App.—Austin Dec. 22, 2023) (per curiam) (order & mem. op.).

Counsel for McCollum has now filed a copy of McCollum’s death certificate, confirming that McCollum has died. When “a defendant dies during the pendency of a State’s appeal, all issues become moot” and the appeal should be dismissed. State v. McCaffrey,

2

76 S.W.3d 392, 392 (Tex. Crim. App. 2002). Accordingly, we reinstate and dismiss the appeals for want of jurisdiction.

__________________________________________

Gisela D. Triana, Justice

Before Chief Justice Byrne, Justices Triana and Kelly Dismissed for Want of Jurisdiction Filed: May 23, 2024 Do Not Publish