Rene De La Cerda v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00694-CR

Rene DE LA CERDA,

Appellant v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR5361

Honorable Kevin M. O’Connell, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: July 19, 2017

ABATED

On January 18, 2017, the trial court clerk filed a supplemental clerk’s record containing a certificate of death reflecting that Rene De la Cerda died on December 8, 2016, while in the custody of the Texas Department of Criminal Justice. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993); Marez v. State, No. 04-05-00651-CR, 2006 WL 118384, at *1 (Tex. App.—San Antonio Jan. 18, 2006, no pet.) (mem. op., not designated for publication). Under these circumstances, the appropriate disposition is the permanent abatement of the appeal. TEX. R. APP. P. 7.1(a)(2). It is therefore ordered that this appeal is permanently abated.

PER CURIAM

Do not publish