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

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