Harland Vetter v. The State of Texas--Appeal from 1st District Court of Sabine County
Annotate this CaseIn The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-04-00084-CR
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HARLAND VETTER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 273rd Judicial District Court
Sabine County, Texas
Trial Court No. 5950
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION
Harland Vetter was convicted of attempted capital murder. Vetter appealed. The trial court and the Texas Department of Criminal Justice - Institutional Division have informed this Court that Vetter died December 19, 2004.
The death of an appellant deprives an appellate court of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994); August v. State, 685 S.W.2d 56, 57 (Tex. Crim. App. 1985). When the appellant in a criminal case dies after the appeal is perfected but before mandate issues, the appeal must be permanently abated. Tex. R. App. P. 7.1(a)(2).
Accordingly, we permanently abate this appeal to the trial court. This cause shall be treated statistically as a dismissal. See Vargas v. State, 659 S.W.2d 422, 423 n.1 (Tex. Crim. App. 1983).
Donald R. Ross
Justice
Date Submitted: December 28, 2004
Date Decided: December 29, 2004
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