DocketNumber: 14-03-00738-CR
Filed Date: 1/12/2006
Status: Precedential
Modified Date: 9/15/2015
Abated and Memorandum Opinion filed January 12, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-03-00738-CR
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PATRICK ONYANGO KOMBUDO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 351st District Court
Harris County, Texas
Trial Court Cause No. 928,748
M E M O R A N D U M O P I N I O N
On December 6, 2005, this court was formally notified of appellant=s death and furnished a copy of appellant=s death certificate. 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 withdraw our opinion of November 8, 2005. The appeal is ordered permanently abated.
PER CURIAM
Memorandum Opinion filed January 12, 2006.
Panel consists of Justices Yates, Anderson, and Hudson.
Do not publish B Tex. R. App. P. 47.2(b).