Ex Parte: Richard Ashcraft

Order entered August 2, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00201-CR
EX PARTE RICHARD ASHCRAFT
On Appeal from the County Court at Law No. 7
Collin County, Texas
Trial Court Cause No. 007-87790-2020
ORDER
We REINSTATE this appeal.
On March 29, 2021, Richard Ashcraft filed a notice of appeal from the
March 4, 2021 denial of his pre-trial application for writ of habeas corpus. On June
21, 2021, the State filed a letter informing the Court that Ashcraft was found
deceased in Plano, Texas on June 8, 2021. The State attached a “Report of Death
Investigation.” We then abated the case for the trial court to hold a hearing to
determine whether appellant is deceased.
At the hearing, the State offered (1) Detective Benzick’s Death Investigation
Report which he states appellant’s body was discovered and positively identified
by his mother, and (2) the Collin County Medical Examiner’s statement that an
autopsy was performed on appellant and the cause of death was pending. The trial
judge signed findings of fact that appellant was found deceased on June 8, 2021.
We ADOPT the trial court’s finding.
Under Texas Rule of Appellate Procedure 7.1(a)(2), we PERMANENTLY
ABATE this appeal. TEX. R. APP. P. 7.1(a)(2); see Ex parte Hunter, 297 S.W.3d
292, 293 (Tex. Crim. App. 2009).
/s/ LANA MYERS
JUSTICE