Kenneth Andrew Bailey v. State ( 2014 )

Order filed May 15, 2014
In The
Eleventh Court of Appeals
___________
No. 11-13-00248-CR
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KENNETH ANDREW BAILEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 42nd District Court
Taylor County, Texas
Trial Court Cause No. 24835A
ORDER
Counsel has filed in this court a motion to dismiss this appeal due to the
death of the appellant, Kenneth Andrew Bailey. On May 12, 2014, counsel
provided this court with the death certificate. Bailey’s death deprives this court of
jurisdiction. See Molitor v. State, 862 S.W.2d 615 (Tex. Crim. App. 1993). If an
appellant in a criminal case dies after an appeal is perfected but before mandate has
issued, the appeal must be permanently abated. TEX. R. APP. P. 7.1(a)(2).
Accordingly, this appeal is permanently abated.
May 15, 2014 PER CURIAM
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.