Opinion
NO. 02-16-00216-CR
12-08-2016
CLARENCE G. FISHER JR. APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
TRIAL COURT NO. CR12989 MEMORANDUM OPINION
Appellant sought to appeal his conviction for aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2) (West 2011). On October 25, 2016, Appellant's counsel filed a motion for permanent abatement informing us that Appellant passed away on September 16, 2016. On November 12, 2016, Appellant's counsel filed a letter from the Texas Department of Criminal Justice confirming that Appellant had passed away while in its custody. No opinion or mandate has been issued in the appeal. In accordance with rule 7.1(a)(2), we therefore permanently abate this appeal. Tex. R. App. P. 7.1(a)(2); see also Hanson v. State, 790 S.W.2d 646, 646 (Tex. Crim. App. 1990) (noting that the death of an appellant during the pendency of an appeal deprives the appellate courts of jurisdiction).
/s/ Bonnie Sudderth
BONNIE SUDDERTH
JUSTICE PANEL: LIVINGSTON, C.J.; WALKER and SUDDERTH, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: December 8, 2016
See Tex. R. App. P. 47.4.