Terrance Wayne Parnell v. State

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-17-00048-CR

TERRANCE WAYNE PARNELL, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 46th District Court Wilbarger County, Texas Trial Court No. 12,104, Honorable Dan Mike Bird, Presiding

December 7, 2018

PERMANENT ABATEMENT Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant Terrance Wayne Parnell was convicted by jury of the offense of aggravated robbery¹ and sentenced to a term of imprisonment. Appellant perfected an appeal, but a mandate has not yet been issued by the court.

The State has filed a document indicating appellant died on February 1, 2018. The death of the appellant during the pendency of his criminal appeal deprives this court of *2 jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000) (citing Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994); TEX. R. APP. P. 7.1(a)(2)). The proper action is abatement of the appeal. See TEX. R. APP. P. 7.1(a)(2).

Accordingly, this appeal is permanently abated.

James T. Campbell Justice

Do not publish.

Footnotes

[1] TEX. PENAL CODE ANN. § 29.03 (West 2018).