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Davis, Zarich Martin v. State
Citation: Not availableDocket: 01-02-00478-CR
Court: Court of Appeals of Texas; January 28, 2004; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the First District of Texas issued a memorandum opinion on January 29, 2004, regarding the appeals of Zarich Martin Davis against the State of Texas, associated with trial court cause numbers 32661C and 32663C. The case had been submitted for consideration on April 22, 2003, but the court received a certified Proof of Death Letter indicating that the appellant passed away on December 27, 2003. The court noted that the death of an appellant during the appeal process results in a loss of jurisdiction, citing Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000). Consequently, under Texas Rule of Appellate Procedure 7.1(a)(2), the pending appeals are permanently abated. All motions related to these appeals are rendered moot, and the Clerk of the Court is instructed to issue the mandate immediately, in accordance with Texas Rule of Appellate Procedure 18.1. The panel included Justices Jennings, Alcala, and Hedges, with the opinion marked as not for publication.