Arcade Joseph Comeaux Jr. v. State

NUMBER 13-11-00440-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ARCADE JOSEPH COMEAUX JR., APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On Appeal from the 359th District Court
of Montgomery County, Texas.
Order
Before Justices Rodriguez, Garza, and Perkes
Order Per Curiam
On June 20, 2013, this Court issued a memorandum opinion affirming appellant’s
conviction and sentence. 1 See Comeau v. State, No. 13-11-00440-CR, 2013 WL
3203143 (Tex. App.—Corpus Christi June 20, 2013, pet. filed). The appellant filed a
1
This case was transfered from the Ninth Court of Appeals in Beaumont pursuant to a docket equalization
order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West 2005).
petition for discretionary review on October 25, 2013. Counsel for appellant has now
filed a motion to permanently abate this appeal based on the death of appellant, Arcade
Joseph Comeaux Jr. Appellant died on November 13, 2013, while his petition for
discretionary review was pending before the Court of Criminal Appeals.
Texas Rule of Appellate Procedure 7.1(a)(2) provides that “[i]f the appellant in a
criminal case dies after an appeal is perfected but before the appellate court issues the
mandate, the appeal will be permanently abated.” TEX. R. APP. P. 7.1(a)(2). This Court
has not issued its mandate in this appeal. Accordingly, we grant the motion and order
the appeal permanently abated.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
16th day of January, 2014.
2