Terry Lynn Fleetwood v. State

NO. 07-11-00329-CR, 07-11-00330-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
MAY 31, 2012
TERRY LYNN FLEETWOOD, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 63,731-D; HONORABLE RICHARD DAMBOLD, JUDGE
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Terry Lynn Fleetwood, was convicted of aggravated sexual assault
(Cause No. 07-11-00329-CR), and aggravated assault (Cause No. 07-11-00330-CR).
On August 9, 2011, appellant filed notices of appeal in each cause. Appellant’s
appointed counsel has filed a motion to permanently abate this appeal, and has
provided this Court a certified copy of appellant’s death certificate stating that appellant
died on April 5, 2012.1 At the time of appellant’s death, no mandate from this Court had
been issued.
If an appellant in a criminal case dies after an appeal is perfected but before the
mandate of the appellate court is issued, the appeal should be permanently abated.
TEX. R. APP. P. 7.1(a)(2). The death of an appellant during the pendency of his appeal
deprives an appellate court of jurisdiction. Hanson v. State, 790 S.W.2d 646, 646
(Tex.Crim.App. 1990) (en banc). Consequently, these appeals and any further
proceedings are ordered permanently abated.
Mackey K. Hancock
Justice
Do not publish.
1
We note that appellant’s appointed counsel filed appellant’s brief on March 14,
2012.
2