Terrance Wayne Parnell v. The State of Texas Appeal from 46th District Court of Wilbarger County (memorandum opinion)

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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 1 TEX. PENAL CODE ANN. § 29.03 (West 2018). 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 James T. Campbell Justice Do not publish. 2

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