Donald Craig Cornett v. State

Abated and Opinion filed September 27, 2007

Abated and Opinion filed September 27, 2007.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-07-00165-CR

NO. 14-07-00166-CR

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DONALD CRAIG CORNETT, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from County Criminal Court at Law No. 1

Harris County, Texas

Trial Court Cause Nos. 1389746 & 1389747

 

 

M E M O R A N D U M   O P I N I O N

On September 13, 2007, 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 order the appeals permanently abated.

 

PER CURIAM

 

 

Opinion filed September 27, 2007.

Panel consists of Chief Justice Hedges, Justices Yates and Frost.

Do not publish B Tex. R. App. P. 47.2(b).