Harland Vetter v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-04-00084-CR ______________________________ HARLAND VETTER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 273rd Judicial District Court Sabine County, Texas Trial Court No. 5950 Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Ross MEMORANDUM OPINION Harland Vetter was convicted of attempted capital murder. Vetter appealed. The trial court and the Texas Department of Criminal Justice - Institutional Division have informed this Court that Vetter died December 19, 2004. The death of an appellant deprives an appellate court of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994); August v. State, 685 S.W.2d 56, 57 (Tex. Crim. App. 1985). When the appellant in a criminal case dies after the appeal is perfected but before mandate issues, the appeal must be permanently abated. Tex. R. App. P. 7.1(a)(2). Accordingly, we permanently abate this appeal to the trial court. This cause shall be treated statistically as a dismissal. See Vargas v. State, 659 S.W.2d 422, 423 n.1 (Tex. Crim. App. 1983). Donald R. Ross Justice Date Submitted: December 28, 2004 Date Decided: December 29, 2004 Do Not Publish