Opinion
No. 4-05-00651-CR
Delivered and Filed: January 18, 2006. DO NOT PUBLISH.
Appeal from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-6093, Honorable Michael Peden, Judge Presiding. Abated.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
On January 4, 2006, appellate counsel for Mike Padilla Marez notified this court in writing that Marez died on October 31, 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.