Opinion
No. 06-04-00084-CR
Submitted: December 28, 2004.
Decided: December 29, 2004. DO NOT PUBLISH.
On Appeal from the 273rd Judicial District Court, Sabine County, Texas, Trial Court No. 5950.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Harland Vetter was convicted of attempted capital murder. Vetter appealed. The trial court and the Texas Department of Criminal Justice — Institutional Division have informed this Court that Vetter died December 19, 2004. The death of an appellant deprives an appellate court of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994); August v. State, 685 S.W.2d 56, 57 (Tex.Crim.App. 1985). When the appellant in a criminal case dies after the appeal is perfected but before mandate issues, the appeal must be permanently abated. Tex.R.App.P. 7.1(a)(2). Accordingly, we permanently abate this appeal to the trial court. This cause shall be treated statistically as a dismissal. See Vargas v. State, 659 S.W.2d 422, 423 n. 1 (Tex.Crim.App. 1983).