Opinion issued April 12, 2007
In The
Court of Appeals
For The
First District of Texas
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NOS. 01-05-00719-CR
01-05-00720-CR
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OLLEN MCHENRY NUGENT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 209th District Court
Harris County, Texas
Trial Court Cause Nos. 967703 and 967704
MEMORANDUM OPINION ON PERMANENT ABATEMENT
Appellant's counsel, Kyle B. Johnson, has filed a second motion to permanently abate the above- referenced appeals citing Tex. R. App. P. 7.1 (a) (2). In support of his motion, counsel Johnson has attached a certified copy of the certificate of death for Ollen McHenry Nugent, the appellant. The certificate states that appellant died on November 9, 2005, while in custody of the Texas Department of Criminal Justice where he was assigned to the Tennessee Colony Unit.
The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Moliter v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993). The motion to permanently abate the appeals is granted.
Therefore, we order the appeals in cause trial court number 967703 and in trial court cause number 967704 permanently abated.
PER CURIAM
Panel consists of Justices Nuchia, Keyes, and Higley..
Do not publish. Tex. R. App. P. 47.2(b).