Vargas v. State

In Vargas v. State, 659 S.W.2d 422, 422-23 (Tex. Crim. App. 1983), the Court explained the rationale behind requiring permanent abatement, rather than dismissal, in the situation where the appellant dies during the pendency of the appeal: If the appeal is dismissed, the practical result is that the judgment of conviction becomes final, as if the judgment had been affirmed after full appellate review; conversely, if the appellate court sets aside the judgment and orders the prosecution dismissed, the disposition once again equals the result usually reached only after full appellate review. Either disposition seems inappropriate when the appellant's death has deprived the appellate court of the authority to adjudicate appellant's complaints whatever their merit. Vargas v. State, 659 S.W.2d at 423.