Tammie Hampton v. State ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00258-CR
TAMMIE HAMPTON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
ON PERMANENT ABATEMENT OF APPEAL
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We have considered appellant’s “Motion To Abate Appeal And Release
Bond,” which we construe as a motion to permanently abate this appeal.
Attached to the motion was Hampton’s obituary showing that she died on Friday,
August 5, 2011.
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See Tex. R. App. P. 47.1.
The death of an appellant during the pendency of an appeal deprives this
court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App.
1993). Under these circumstances, the appropriate disposition is the permanent
abatement of the appeal. See Tex. R. App. P. 7.1(a)(2).
No decision of this court having been delivered prior to the receipt of this
motion, the court finds the motion to permanently abate the appeal should be
granted. It is therefore ordered, adjudged, and decreed that the appeal is
permanently abated.
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
TEX. R. APP. P. 47.2(b)
DELIVERED: November 3, 2011
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