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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-05-268-CR
JOSEPH DETCHEMENDY, III APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 1 OF DENTON COUNTY
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MEMORANDUM OPINION[1] ON PERMANENT
ABATEMENT OF APPEAL
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Appellant Joseph Detchemendy, III has died. Appellant perfected this appeal on July 11, 2005. On September 29, 2005, we received a Averification of birth/death facts@ from the secretary of the City of Lewisville confirming that Appellant died on or about July 16, 2005.
The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993). Under these circumstances, the appropriate disposition is permanent abatement of the appeal. See Tex. R. App. P. 7.1(a)(2). It is therefore ordered, adjudged, and decreed that the appeal is permanently abated.
PER CURIAM
PANEL D: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 8, 2005
[1]See Tex. R. App. P. 47.4.