Clinton Sutton v. State

Opinion issued July 29, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00513-CR ——————————— CLINTON ANTHONY SUTTON, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Case No. 68,646

MEMORANDUM OPINION ON PERMANENT ABATEMENT

The State has filed a motion to permanently abate this appeal. See TEX. R. APP. P. 7.1(a)(2). The State attached to its motion a Certified Abstract of Vital Records, which indicates that appellant Clinton Anthony Sutton, Jr. died on May 5, *2 2014 in Palestine, Anderson County, Texas. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Beard v. State, 108 S.W.3d 304, 304 (Tex. Crim. App. 2003). The motion to permanently abate the appeal is granted. See TEX. R. APP. P. 7.1(a)(2).

Therefore, we order the appeal in trial court cause number 68,646 permanently abated.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).