Opinion
No. 14-03-00738-CR
Memorandum Opinion filed January 12, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 351st District Court, Harris County, Texas, Trial Court Cause No. 928,748. Abated.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
On December 6, 2005, this court was formally notified of appellant's death and furnished a copy of appellant's death certificate. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994). When an appellant dies after an appeal is perfected but before this court issues the mandate, the appeal is to be permanently abated. See TEX. R. APP. P. 7.1(a)(2). Accordingly, we withdraw our opinion of November 8, 2005. The appeal is ordered permanently abated.