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 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Justice Do not publish.