IN THE

TENTH COURT OF APPEALS

No. 10-07-00354-CR

Ina Lee Turner,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 06-06200-CRF-361

Ina Lee Turner perfected this appeal from his conviction for felony driving while intoxicated.  He has since died in prison.  Turner’s counsel has filed a motion to abate the appeal supported by a certified copy of Turner’s death certificate.  See Freeman v. State, 11 S.W.3d 240, 240 (Tex. Crim. App. 2000) (per curiam).  Turner’s death deprives this Court of jurisdiction.  Id.  Accordingly, the motion is granted, and this appeal is permanently abated.  See Tex. R. App. P. 7.1(a)(2); Freeman, 11 S.W.3d at 240.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal permanently abated

Opinion delivered and filed October 1, 2008

Do not publish

[CRPM]