NO. 07-07-0442-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C MARCH 10, 2008 ______________________________ MARK EDWARD HENDERSON, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE COUNTY COURT OF HUTCHINSON COUNTY; NO. 34,675; HONORABLE FAYE BLANKS, JUDGE _______________________________

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

PERMANENT ABATEMENT

Appellant was convicted of deadly conduct and assessed punishment at two years probation. After a revocation hearing, appellant was sentenced to 180 days in the county jail and a fine of $1500. Appellant perfected an appeal, but a mandate has not yet been issued by this court.

Appellant’s counsel has filed a Motion for Permanent Abatement of Appeal indicating that appellant is now deceased. 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, appellant’s counsel’s motion is granted and this appeal is permanently abated.

Mackey K. Hancock Justice

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