Antonio Onorato v. State ( 2015 )


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  • Order filed January 22, 2015.
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-13-00838-CR
    ____________
    ANTONIO ONORATO, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the County Criminal Court at Law No. 15
    Harris County, Texas
    Trial Court Cause No. 1884855
    ABATEMENT ORDER
    On January 13, 2015, a supplement clerk’s record was filed in this court
    containing notification of appellant’s death and a copy of his death certificate.
    According to the death certificate, appellant died on or about December 22, 2014.
    This court’s mandate has not issued.
    The death of an appellant during the pendency of an appeal deprives this
    court of jurisdiction. See Ryan v. State, 
    891 S.W.2d 275
    (Tex. Crim. App. 1994).
    When an appellant dies after an appeal is perfected, but before this court issues the
    mandate, the appeal is to be permanently abated. See Tex. R. App. P. 7.1(a)(2).
    Accordingly, we order the appeal permanently abated.
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices Christopher and Busby.
    Do Not Publish—Tex. R. App. P. 47.2(b).
    

Document Info

Docket Number: 14-13-00838-CR

Filed Date: 1/23/2015

Precedential Status: Precedential

Modified Date: 1/23/2015