Matthew Conard Nelson v. The State of Texas Appeal from 351st District Court of Harris County (memorandum opinion per curiam)

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Motion Denied; Appeal Abated and Memorandum Opinion filed May 14, 2015. In The Fourteenth Court of Appeals NO. 14-15-00411-CR MATTHEW CONARD NELSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 351st District Court Harris County, Texas Trial Court Cause No. 1333593 MEMORANDUM OPINION On May 6, 2015, this court was formally notified of appellant’s death and furnished a copy of appellant’s death certificate. 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 deny the motion to dismiss the appeal and order the appeal permanently abated. PER CURIAM Panel consists of Justices Boyce, McCally and Donovan. Do Not Publish B Tex. R. App. P. 47.2(b). 2

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