Opinion
No. 06-04-00082-CR
Submitted: November 15, 2004.
Decided: November 16, 2004. DO NOT PUBLISH.
On Appeal from the County Court at Law #1 Gregg County, Texas, Trial Court No. 2003-2623.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Miles Spiro Mijalis was convicted by a jury of driving while intoxicated and assessed punishment of 160 days' confinement in county jail and a $2,000.00 fine. Mijalis has died. His counsel has filed a motion to abate the appeal and forwarded a copy of Mijalis's obituary to this Court. The death of an appellant during the pendency of his or her appeal deprives this Court of jurisdiction, and the proper action by this Court is to permanently abate the appeal. TEX. R. APP. P. 7.1(a)(2); Freeman v. State, 11 S.W.3d 240 (Tex.Crim.App. 2000); Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994). The motion to abate appeal is granted, and we permanently abate the appeal of this case.