Opinion
No. 2-08-347-CR
Delivered: April 15, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
Appealed from the 362nd District Court of Denton County.
PANEL: LIVINGSTON, DAUPHINOT, and MCCOY, JJ.
MEMORANDUM OPINION AND JUDGMENT ON PERMANENT ABATEMENT OF APPEAL
See Tex. R. App. P. 47.4.
We have considered Appellant's "Motion to Abate," in which appellant's counsel moves to permanently abate the appeal due to appellant's death. A copy of the certificate of death states that appellant died on January 14, 2010. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Graham v. State, 991 S.W.2d 802, 802 (Tex. Crim. App. 1998); Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993). Under these circumstances, the appropriate disposition is the permanent abatement of the appeal. See Tex. R. App. P. 7.1(a)(2); Graham, 991 S.W.2d at 802. No decision of this court having been delivered prior to the receipt of this motion, the court finds the motion to permanently abate the appeal should be granted. It is therefore ordered, adjudged, and decreed that the appeal is permanently abated.