The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Molitor v. 862 615 616 1993 (2012)

Court of Appeals of Texas, Waco.

The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex.Crim.App.1993). Under these circumstances, the appropriate disposition is the permanent abatement of the appeal. See Tex.R.App. P. 7.1(a)(2).

NO. 02–11–00199–CR

Decided: April 19, 2012

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1 AND JUDGMENT

Accordingly, because no decision of this court had been delivered prior to our receipt of the parties' letters and because the parties are in agreement that this appeal should be permanently abated, the court on its own motion permanently abates the appeal. It is therefore ordered, adjudged, and decreed that this appeal is permanently abated.

PANEL: WALKER, GARDNER, and MEIER, JJ.

TEX. R. APP. P. 47.2(b)

DELIVERED: April 19, 2012

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