Opinion
NO. 14-15-00039-CR
01-31-2017
SHERILL ANN SMALL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 20th District Court Milam County, Texas
Trial Court Cause No. CR24,066
ABATEMENT ORDER
On October 18, 2016, appellant filed a petition for discretionary review. Subsequently, appellant died, and appellant's counsel filed a motion to dismiss the petition for discretionary review and permanently abate the appeal. On January 25, 2017, the Texas Court of Criminal Appeals granted the motion and directed this court to withdraw its prior opinion and permanently abate the appeal of this case. Small v. State, No. PD-1232-16 (Tex. Crim. App. Jan. 25, 2017, order).
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Accordingly, we order our opinion delivered May 19, 2016, withdrawn and the appeal permanently abated.
PER CURIAM Panel consists of Justices Jamison, Wise and Jewell.