Opinion
No. 10-06-00238-CR
Opinion delivered and filed July 11, 2007. DO NOT PUBLISH.
Appeal from the County Court Navarro County, Texas, Trial Court No. 56597.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Vern Lee Hughes was convicted of driving while intoxicated. He perfected an appeal of his conviction, but this Court has not issued an opinion or a mandate in that appeal. The State has filed a suggestion of death, attaching a copy of Hughes's death certificate indicating he died on May 29, 2007. The death of the appellant during the pendency of his criminal appeal deprives this Court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex.Crim.App. 2000). The proper action is permanent abatement of the appeal. See TEX. R. APP. P. 7.1 (a)(2). Accordingly, this appeal is permanently abated.