Clinton Sutton v. The State of TexasAppeal from 412th Judicial District Court of Brazoria County (memorandum opinion per curiam)

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Opinion issued July 29, 2014 In The Court of Appeals For The First District of Texas NO. 01-13-00513-CR CLINTON ANTHONY SUTTON, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 412th District Court Brazoria County, Texas Trial Court Case No. 68,646 MEMORANDUM OPINION ON PERMANENT ABATEMENT The State has filed a motion to permanently abate this appeal. See TEX. R. APP. P. 7.1(a)(2). The State attached to its motion a Certified Abstract of Vital Records, which indicates that appellant Clinton Anthony Sutton, Jr. died on May 5, 2014 in Palestine, Anderson County, Texas. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Beard v. State, 108 S.W.3d 304, 304 (Tex. Crim. App. 2003). The motion to permanently abate the appeal is granted. See TEX. R. APP. P. 7.1(a)(2). Therefore, we order the appeal in trial court cause number 68,646 permanently abated. PER CURIAM Panel consists of Justices Jennings, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b). 2

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