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

MEMORANDUM OPINION

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Justice Gray, Justice Vance, and Justice Reyna Appeal permanently abated Opinion delivered and filed October 1, 2008 Do not publish [CRPM]

Turner v. State Page 2