Opinion issued January 29, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-00478-CR

NO. 01-02-00479-CR

ZARICH MARTIN DAVIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 32661C & 32663C

MEMORANDUM OPINION

          This case was submitted on April 22, 2003. We have not yet issued mandate. The Court has received a certified Proof of Death Letter from the Harris County Medical Examiner indicating that appellant died on December 27, 2003.

          The death of an appellant during the pendency of an appeal of a criminal conviction deprives this Court of jurisdiction. See Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000). When an appellant dies after an appeal is perfected, but before this Court issues the mandate, the appeal is to be permanently abated. See Tex. R. App. P. 7.1(a)(2).

          Accordingly, these appeals are ordered permanently abated. All pending motions in these appeals are overruled as moot. The Clerk of the Court is ordered to issue mandate immediately. See Tex. R. App. P. 18.1.

                                                             Elsa Alcala

                                                             Justice

Panel consists of Justices Jennings, Alcala, and Hedges.

Do not publish. Tex. R. App. P. 47.4.