IN THE TENTH COURT OF APPEALS No. 10-16-00328-CR SAMUEL RUSHTON KEATOR, Appellant v. THE STATE OF TEXAS, Appellee

From the 335th District Court Burleson County, Texas Trial Court No. 14,919

ABATEMENT ORDER

Samuel Rushton Keator perfected this appeal from his conviction for possession with intent to deliver a controlled substance. This Court has not issued an opinion or mandate in the appeal. Keator has since died, and this Court received documents verifying his death. Keator’s death during the pendency of his criminal appeal deprives this Court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000). The proper action is permanent abatement of the appeal. See TEX. R. APP. P. 7.1(a)(2).

Accordingly, this appeal is permanently abated.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal Permanently Abated Opinion delivered and filed January 11, 2017 Do not publish [CR25]

Keator v. State Page 2