Opinion
No. 08-02-00428-CR
August 25, 2004. DO NOT PUBLISH.
Appeal from the 59th Judicial District Court of Grayson County, Texas (Tc# 46753).
Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
Appellant Donald Eugene Mohling timely perfected his appeal from his conviction in this cause. However, since that time, and prior to the time we rendered a decision in this case, Appellant's counsel has advised this court of Appellant's death and requested that we abate the appeal. A certified copy of Appellant's death certificate was attached to this communication. Under applicable precedents in this state, the death of an appellant during the pendency of his appeal deprives this Court of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1995). Accordingly, we must, and do, permanently abate the appeal of this cause. Rhienlander v. State, 918 S.W.2d 527, 528 (Tex.Crim.App. 1996).