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STATE v. CURL

No. 13-98-570-CR.

28 S.W.3d 838 (2000)

The STATE of Texas, Appellant, v. Jerry Wayne CURL, Appellee.

Court of Appeals of Texas, Corpus Christi.

September 28, 2000.

Attorney(s) appearing for the Case

Rene Guerra, Dist. Atty., Rolando Garza, Asst. Dist. Atty., Theodore C. Hake, Asst. Crim. Dist. Atty., Edinburg, for Appellant.

Alfredo Morales, Jr., Joseph A. Connors, III, McAllen, Rogelio Garza, Edinburg, for Appellee.

Before the Court En Banc.

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...

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