Glenedith Jewell Mitchell v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-01-237-CR

GLENEDITH JEWELL MITCHELL APPELLANT

V.

THE STATE OF TEXAS STATE

---------- FROM THE 297^TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION ⁽¹⁾ AND JUDGMENT
ON PERMANENT ABATEMENT OF APPEAL ----------

We have considered the appellant's and the State's motions to permanently abate the appeal due to the death of the appellant. A copy of the certificate of death states that appellant died on November 2, 2002.

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 these motions, the court finds the motions to permanently abate the appeal should be granted. It is therefore ordered, adjudged, and decreed that the appeal is permanently abated.

PER CURIAM

PANEL D: DAY, LIVINGSTON, and DAUPHINOT, JJ.

DO NOT PUBLISH
TEX. R. APP. P. 47.2(b)

[DELIVERED JANUARY 30, 2003]

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1. See Tex. R. App. P. 47.4.