Mojica v. State

This is an appeal from a judgment of conviction for burglary of a habitation. Tex.Pen.Code Ann. § 30.02(a)(3) (1974). After a jury trial resulting in a verdict of guilty, the court assessed punishment, enhanced by two prior convictions, at incarceration for life.

There has been filed in this Court a State’s motion to dismiss the appeal, based upon the death of the appellant during the pendency of this appeal. The motion is supported by a copy of a letter from the Board of Pardon and Paroles attached to the motion, which reflects that appellant died July 13, 1982.

We will overrule the State’s…