In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00064-CR ____________________ WAYNE ARNOLD GRAY, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the County Court Hardin County, Texas Trial Cause No. 62606 ________________________________________________________ _____________ MEMORANDUM OPINION On November 1, 2013, we received a suggestion of death and a copy of a death certificate, certifying that the appellant, Wayne Arnold Gray, died on September 24, 2013. Because the death occurred after Gray perfected appeal and before we issued our mandate, the appeal must be permanently abated. Tex. R. App. P. 7.1(a)(2). Accordingly, the appeal is permanently abated.

APPEAL ABATED.

________________________________ HOLLIS HORTON Justice

Opinion Delivered November 13, 2013 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.