Opinion
No. 4-04-00672-CR
Delivered and Filed: January 18, 2006. DO NOT PUBLISH.
Appeal from the 186th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-7329, Honorable Pat Priest, Judge Presiding. Abated.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
On January 6, 2006, the State notified this court in writing that appellant Joe Gamez died on November 8, 2005, while in the custody of the Texas Department of Criminal Justice. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. 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. Tex.R.App.P. 7.1(a)(2). It is therefore ordered that this appeal is permanently abated.