COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § TONY RAY PLUMLEE, § No. 08-13-00033-CR Appellant, § Appeal from the v. § 355th Judicial District Court THE STATE OF TEXAS, § of Hood County, Texas Appellee.

§ (TC#CR 12202) O R D E R The Court has received and filed notice that Appellant died on March 5, 2013. Because the appeal was perfected before Appellant’s death, and we have not yet issued a mandate, it is ORDERED that the appeal is permanently abated. See TEX.R.APP.P. 7.1(a)(2).

IT IS SO ORDERED this 11th day of December, 2013.

YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.