Wayland Earl Bailey, Jr., Appellant v. The State of Texas, State (2016)

Court of Appeals of Texas, Fort Worth.

Wayland Earl Bailey, Jr., Appellant v. The State of Texas, State

NO. 02–15–00289–CR

Decided: February 11, 2016

PANEL: MEIER, GABRIEL, and SUDDERTH, JJ.

MEMORANDUM OPINION 1 AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL

We have considered Appellant Wayland Earl Bailey, Jr.'s “Motion to Permanently Abate” this appeal. Attached to the motion is the certificate of death showing that Bailey died on November 24, 2015.

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 decision of this court having been delivered prior to the receipt of this motion, the court finds the motion should be granted. It is therefore ordered, adjudged, and decreed that the appeal is permanently abated.

FOOTNOTES

1. See Tex.R.App. P. 47.1.

PER CURIAM

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