Steven Ray Sabbs v. State

MEMORANDUM OPINION No. 04-02-00806-CR Steven Ray SABBS, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-7126A Honorable Raymond Angelini, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: January 14, 2004

APPEAL ABATED

Pursuant to a plea-bargain agreement, Steven Ray Sabbs ("Sabbs") pled guilty to arson. The trial court sentenced Sabbs to eight years confinement in the Texas Department of Criminal Justice, Institutional Division and a fine of $1000.

Sabbs's court-appointed attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), in which she concluded that the appeal has no merit. Counsel provided Sabbs with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Sabbs was granted two extensions of time to file a brief. He failed, however, to file a pro se brief.

On December 19, 2003, this court received notice from the State that Sabbs died on November 9, 2003. The death of an appellant deprives this court of jurisdiction. See Freeman v. State, 11 S.W.3d 240, 240 (Tex. Crim. App. 2000). Because the appeal was perfected before appellant's death, and we have not yet issued a mandate, it is ordered that the appeal is permanently abated. Tex. R. App. P. 7.1(a)(2); Vargas v. State, 659 S.W.2d 422, 423 (Tex. Crim. App. 1983). It is further ordered that appellate counsel's motion to withdraw is granted.

Phylis J. Speedlin, Justice

DO NOT PUBLISH