Ollen McHenry Nugent v. State ( 2007 )

Opinion issued April 12, 2007  

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-05-00719-CR

01-05-00720-CR

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OLLEN MCHENRY NUGENT, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause Nos. 967703 and 967704

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MEMORANDUM OPINION ON PERMANENT ABATEMENT

Appellant's counsel, Kyle B. Johnson, has filed a second motion to permanently abate the above- referenced appeals citing Tex. R. App. P. 7.1 (a) (2). In support of his motion, counsel Johnson has attached a certified copy of the certificate of death for Ollen McHenry Nugent, the appellant. The certificate states that appellant died on November 9, 2005, while in custody of the Texas Department of Criminal Justice where he was assigned to the Tennessee Colony Unit.

The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Moliter v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993). The motion to permanently abate the appeals is granted.

Therefore, we order the appeals in cause trial court number 967703 and in trial court cause number 967704 permanently abated.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Higley..

Do not publish. Tex. R. App. P. 47.2(b).