Bryan Ray Parrack v. State ( 2004 )

NO. 07-02-0355-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
OCTOBER 15, 2004
______________________________
BRYAN PARRACK, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY;
NO. CR-01D-058; HONORABLE H. BRYAN POFF, JR., JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
PERMANENT ABATEMENT
Appellant was convicted of capital murder and the jury assessed punishment at
confinement for life. Appellant perfected an appeal, but a mandate has not yet been issued
by this court.
The State has filed a Suggestion of Death and a certified copy of appellant’s death
certificate indicating he died on August 25, 2004. The death of the appellant during the
pendency of his criminal appeal deprives this court of jurisdiction. Freeman v. State, 11
S.W.3d 240 (Tex.Crim.App. 2000); 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Do not publish.
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