Opinion
No. 08-03-00365-CR.
May 6, 2004. DO NOT PUBLISH.
Appeal from the 244th District Court of Ector County, Texas, (Tc# C-24,525).
Before Panel No. 3, BARAJAS, C.J., LARSEN, and CHEW, JJ.
OPINION
This is an appeal from the trial court's order granting the State's motion to revoke Appellant's Adrian Simon Solis' community supervision. Appellant pled guilty to the offense of delivery of cocaine, less than 28 grams, and was assessed punishment at 10 years' community supervision. On November 9, 2001, the State filed a motion to revoke supervision. After holding a revocation hearing, the trial court revoked Appellant's community supervision and sentenced him to 2 years' confinement. Following submission of this appeal, Appellant's counsel filed a Suggestion of Death indicating Appellant died on November 7, 2003. It is well established than an appellant's death during the pendency of his appeal deprives an appellate court of jurisdiction. See Freeman v. State, 11 S.W.3d 240, 240 (Tex.Crim.App. 2000), citing Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994). In such a case, the proper remedy is abatement of the appeal. See TEX.R.APP.P. 7.1(a)(2). Accordingly, this appeal is permanently abated.