William Erron Dunlap v. State

Abated and Memorandum Opinion filed August 26, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00316-CR

WILLIAM ERRON DUNLAP, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1366222

MEMORANDUM OPINION On August 14, 2014, this court was formally notified of appellant’s death. A supplemental clerk’s record containing a certified copy of appellant’s death certificate was filed. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000). 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); see also Graham v. State, 991 S.W.2d 802, 802–03 (Tex. Crim. App. 1998).

Accordingly, we order the appeal permanently abated.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Busby. Do not publish — Tex. R. App. P. 47.2(b).