Court of Civil Appeals of Texas, 2015

Antonio Onorato v. State

Antonio Onorato v. State
Court of Civil Appeals of Texas · Decided January 23, 2015

Antonio Onorato v. State

Opinion

Order filed January 22, 2015.

In The Fourteenth Court of Appeals ____________ NO. 14-13-00838-CR ____________ ANTONIO ONORATO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 15 Harris County, Texas Trial Court Cause No. 1884855 ABATEMENT ORDER On January 13, 2015, a supplement clerk’s record was filed in this court containing notification of appellant’s death and a copy of his death certificate.

According to the death certificate, appellant died on or about December 22, 2014.

This court’s mandate has not issued.

The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994).

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).

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Do Not Publish—Tex.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).

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