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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-398-CR
GREGORY WILLIAM RANK APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION[1] AND JUDGMENT
ON PERMANENT ABATEMENT OF APPEAL
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We have considered the "Appellant=s Motion To Permanently Abate The Appeal Due To Appellant=s Death.@ A copy of the certificate of death states that appellant died on March 24, 2008.
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 the permanent abatement of the appeal. See TEX. R. APP. P. 7.1(a)(2).
No decision of this court having been delivered prior to the receipt of this motion, the court finds the motion to permanently abate the appeal should be granted. It is therefore ordered, adjudged, and decreed that the appeal is permanently abated.
PER CURIAM
PANEL D: HOLMAN, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
TEX. R. APP. P. 47.2(b)
DELIVERED: April 24, 2008
[1]See Tex. R. App. P. 47.1.