NO. 07-02-0355-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A OCTOBER 15, 2004 ______________________________

BRYAN PARRACK, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY; NO. CR-01D-058; HONORABLE H. BRYAN POFF, JR., JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

PERMANENT ABATEMENT

Appellant was convicted of capital murder and the jury assessed punishment at confinement for life. Appellant perfected an appeal, but a mandate has not yet been issued by this court.

The State has filed a Suggestion of Death and a certified copy of appellant’s death certificate indicating he died on August 25, 2004. The death of the appellant during the pendency of his criminal appeal deprives this court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex.Crim.App. 2000); Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994); Tex. R. App. P. 7.1(a)(2). The proper action is abatement of the appeal. See Tex. R. App. P. 7.1(a)(2).

Accordingly, this appeal is permanently abated.

James T. Campbell Justice

Do not publish.

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