Samuel Rushton Keator v. State

IN THE
TENTH COURT OF APPEALS
No. 10-16-00328-CR
SAMUEL RUSHTON KEATOR,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 335th District Court
Burleson County, Texas
Trial Court No. 14,919
ABATEMENT ORDER
Samuel Rushton Keator perfected this appeal from his conviction for possession
with intent to deliver a controlled substance. This Court has not issued an opinion or
mandate in the appeal. Keator has since died, and this Court received documents
verifying his death. Keator’s death during the pendency of his criminal appeal deprives
this Court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000). The
proper action is permanent abatement of the appeal. See TEX. R. APP. P. 7.1(a)(2).
Accordingly, this appeal is permanently abated.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal Permanently Abated
Opinion delivered and filed January 11, 2017
Do not publish
[CR25]
Keator v. State Page 2