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Freeman v State11 S.W.3d 240February 9, 2000 No. 1475-99 & 1476-99 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. 1475-99 and 1476-99 LARRY DEAN FREEMAN, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS GREGG COUNTY The opinion of the Court was delivered per curiam. O P I N I O N A jury convicted Appellant of delivery of a controlled substance and assessed punishment at confinement for life. The Court of Appeals affirmed the conviction. Freeman v. State, 998 S.W.2d 379 (Tex. App. --Texarkana 1999). We granted Appellant’s petition for discretionary review to address the Court of Appeals’ disposition of Appellant’s Brady 1 and entrapment claims. Appellant has died. His counsel has filed a motion to abate appeal and forwarded a certified copy of the death certificate. The death of an appellant during the pendency of his appeal deprives this Court and the Court of Appeals of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994). Tex.R.App.Pro. 7.1(a)(2). Accordingly, the motion to abate appeal is granted and the petition for discretionary review is dismissed. The Texarkana Court of Appeals is directed to permanently abate the appeal of this case. DELIVERED: February 9, 2000 1 Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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