In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00083-CR ______________________________

GARLAND EARL HAWKINS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court Gregg County, Texas Trial Court No. 36,165-B

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION A jury convicted Garland Earl Hawkins of driving while intoxicated, subsequent offense, and assessed punishment at three years' imprisonment. Hawkins filed his notice of appeal April 18, 2008.

This Court has now been informed that Hawkins has died.

The death of an appellant during the pendency of his or her appeal deprives this Court of jurisdiction. TEX . R. APP . P. 7.1(a)(2); Whitmire v. State, 943 S.W.2d 894 (Tex. Crim. App. 1997); Rheinlander v. State, 918 S.W.2d 527, 528 (Tex. Crim. App. 1996). Accordingly, this appeal is permanently abated.

Bailey C. Moseley Justice Date Submitted: July 2, 2008 Date Decided: July 3, 2008 Do Not Publish