NO. 07-03-0137-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A DECEMBER 3, 2003 ______________________________

EMILIO CORTEZ SANDOVAL, JR., APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 287TH DISTRICT COURT OF BAILEY COUNTY; NO. 2154; HONORABLE GORDON H. GREEN, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

PERMANENT ABATEMENT

Following a plea of not guilty, appellant Emilio Cortez Sandoval, Jr. was convicted by a jury of delivery of a controlled substance, enhanced, and punishment was assessed at 15 years confinement and a $5,000 fine. Following submission of this appeal, the State filed a Suggestion of Death indicating appellant died on November 16, 2003.

An appellant’s death during the pendency of his appeal deprives an appellate court of jurisdiction. See Freeman v. State, 11 S.W.3d 240 (Tex.Cr.App. 2000) citing Ryan v. State, 891 S.W.2d 275 (Tex.Cr.App. 1994). Accordingly, this appeal is permanently abated.

Don H. Reavis Justice

Do not publish.