Opinion issued April 5, 2007
In The
Court of Appeals
For The
First District of Texas
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NO. 01-06-00661-CR
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MIGUEL PERALES CANO, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Cause No. 42676
MEMORANDUM OPINION ON PERMANENT ABATEMENT
On March 19, 2007, the State filed a motion to permanently abate the above- referenced appeal citing Tex. R. App. P. 7.1 (a) (2). In support of its motion, the State attached a certified copy of the certificate of death for Miguel Perales Cano, Jr., the appellant. The certificate states that appellant died on September 30, 2006 while in custody of the Texas Department of Criminal Justice where he was assigned to the Stiles 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 State's motion is granted.
Therefore, we order the this appeal permanently abated.
PER CURIAM
Panel consists of Justices Taft, Alcala, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).