Miguel Perales Cano Jr. v. State ( 2007 )

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

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On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 42676

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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Do not publish.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).