Miles Spiro Mijalis v. The State of Texas--Appeal from County Court at Law of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00082-CR

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MILES SPIRO MIJALIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law #1

Gregg County, Texas

Trial Court No. 2003-2623

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Miles Spiro Mijalis was convicted by a jury of driving while intoxicated and assessed punishment of 160 days' confinement in county jail and a $2,000.00 fine.

Mijalis has died. His counsel has filed a motion to abate the appeal and forwarded a copy of Mijalis's obituary to this Court. The death of an appellant during the pendency of his or her appeal deprives this Court of jurisdiction, and the proper action by this Court is to permanently abate the appeal. Tex. R. App. P. 7.1(a)(2); Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000); Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994).

The motion to abate appeal is granted, and we permanently abate the appeal of this case.

Jack Carter

Justice

Date Submitted: November 15, 2004

Date Decided: November 16, 2004

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