Humberto Lopez-Martinez v. State

Abatement Order filed February , 2014
In The
Fourteenth Court of Appeals
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NO. 14-13-01011-CR
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HUMBERTO LOPEZ-MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 434th Judicial District Court
Fort Bend County, Texas
Trial Court Cause No. 12-DCR-060861A
ABATEMENT ORDER
On January 16, 2014, appellant’s counsel advised the court of the death of
appellant and moved to permanently abate this appeal. On January 27, 2014, a
certificate of death was filed, showing that appellant died on October 29, 2013.
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 Justices McCally, Busby and Donovan.