Turner v. State

Full title: INA LEE TURNER, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Oct 1, 2008

No. 10-07-00354-CR (Tex. App. Oct. 1, 2008)

Opinion

No. 10-07-00354-CR

Opinion delivered and filed October 1, 2008. DO NOT PUBLISH.

Appealed from the 361st District Court, Brazos County, Texas, Trial Court No. 06-06200-CRF-361.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

MEMORANDUM OPINION

FELIPE REYNA, Justice.

Ina Lee Turner perfected this appeal from his conviction for felony driving while intoxicated. He has since died in prison. Turner's counsel has filed a motion to abate the appeal supported by a certified copy of Turner's death certificate. See Freeman v. State, 11 S.W.3d 240, 240 (Tex.Crim.App. 2000) (per curiam). Turner's death deprives this Court of jurisdiction. Id. Accordingly, the motion is granted, and this appeal is permanently abated. See TEX. R. APP. P. 7.1(a)(2); Freeman, 11 S.W.3d at 240.