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02-12-295-CR
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00295-CR
Archie Lawayne Booker
APPELLANT
V.
The State of Texas
STATE
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FROM THE 371st District Court OF Tarrant COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
ON PERMANENT ABATEMENT OF APPEAL
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We have considered the “State’s Motion To Permanently Abate Appeal.” Attached to the motion was Booker’s death certificate showing that he died on Friday, June 29, 2012.
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: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
TEX. R. APP. P. 47.2(b)
DELIVERED: August 9, 2012
1See Tex. R. App. P. 47.1.
Document Info
Docket Number: 02-12-00295-CR
Filed Date: 8/9/2012
Precedential Status: Precedential
Modified Date: 10/16/2015