In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00084-CR

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HARLAND VETTER, Appellant

V.

THE STATE OF TEXAS, Appellee

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 by Justice Ross

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).

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      December 28, 2004

Date Decided:         December 29, 2004

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