Abated and Memorandum Opinion filed December 31, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00427-CR

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ROBERT ESPINOZA GARZA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1130082

M E M O R A N D U M   O P I N I O N

            On December 9, 2009, this court was formally notified of appellant’s death and furnished a copy of a proof of death letter from the Harris County Medical Examiner. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. See Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994). When an appellant dies after an appeal is perfected but before this court issues the mandate, the appeal is to be permanently abated. See Tex. R. App. P. 7.1(a)(2).

            Accordingly, we order the appeal permanently abated.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Christopher.

Do not publish — Tex. R. App. P. 47.2(b).