State v. McCaffrey

OPINION

KELLER, P.J.,

delivered the unanimous opinion of the Court.

Appellee was indicted for possessing more than four ounces but less then five pounds of marijuana. The trial court granted appellee’s motion to suppress, and the State appealed. The San Antonio Court of Appeals affirmed the trial court’s order,1 and we granted the State’s petition for discretionary review. Appellee has died, however, and counsel for appellee has moved to dismiss the State’s petition.

Under Tex.R.App. P. 7.1(a)(2), if an appellant in a criminal case dies after an appeal is perfected but before the appellate court…