Before REAVIS and CAMPBELL and HANCOCK, JJ.

Appellant, Kerwin Gibbs, filed a notice of appeal from an Order entered on June 24, 2005. The clerk's record was filed on October 21, 2005 and the reporter's record has not been requested per the docketing statement filed by appellant. By letter dated November 29, 2005, the clerk of this court notified counsel for appellant that appellant's brief was due November 21, 2005, but had yet to be filed. See Tex. R. App. P. 38.6(a). The letter further advised appellant that the appeal would be subject to dismissal for want of prosecution if the brief, or a response reasonably explaining the failure to file a brief with a showing that appellee had not been injured by the delay, was not filed by December 9, 2005. No brief, motion for extension or other response has been received.

Accordingly, we now dismiss the appeal for want of prosecution and failure to comply with a directive of the court. See Tex. R. App. P. 38.8(a)(1) and 42.3(b), (c).

Mackey K. Hancock

Justice

nter">NO. 2006-1659-L; HON. RONALD WALKER, JR., PRESIDING

_______________________________

Memorandum Opinion

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

          Appellant Heath James Grimes was convicted of misdemeanor theft of property of the value of $50 or more but less than $500. On September 4, 2007, appellant filed a notice of appeal. The State has filed a motion to permanently abate this appeal and attached a death certificate stating that appellant died on January 5, 2008. At the time of his death, no mandate from this appellate court had been issued.

          If an appellant in a criminal case dies after an appeal is perfected but before the mandate of the appellate court is issued, the appeal should be permanently abated. Tex. R. App. P. 7.1(a)(2). The death of an appellant during the pendency of his appeal deprives an appellate court of jurisdiction. Hanson v. State, 790 S.W.2d 646 (Tex. Crim. App. 1990). The appeal and any further proceedings are ordered permanently abated.

                                                                           Brian Quinn

                                                                          Chief Justice

Do not publish.