State v. Curl, Jerry Wayne

OPINION ON MOTION FOR REHEARING

J. BONNER DORSEY, Justice.

This case presents the question of whether permanent abatement or dismissal is the appropriate remedy when the State is the appellant in a criminal appeal and the appellee/defendant dies during the pendency of the appeal. We had earlier abated the appeal because of the death of the appellee. His attorney has filed a motion for rehearing en banc claiming that we have no jurisdiction because of the death of the appellee, and abatement is improper because it is a proper remedy only when the appellant not the appellee dies while the appeal…