Misty Scott Beene v. State ( 2010 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00123-CR

                                                ______________________________

                                     MISTY SCOTT BEENE, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the 241st Judicial District Court

                                                             Smith County, Texas

                                                       Trial Court No. 241-0243-08

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

                                        Memorandum Opinion by Chief Justice Morriss

                                                     MEMORANDUM OPINION

            Misty Scott Beene appealed the adjudication of her sentence and revocation of her community supervision.  She was adjudicated guilty of fraud regarding a controlled substance or prescription medication, and her community supervision was revoked in Smith County^[1] on June 7, 2010.  Her notice of appeal was filed June 21, 2010.

            Beene’s counsel has now filed a motion to permanently abate the appeal, stating that Beene has died.  Counsel has attached to his motion a copy of her obituary.

            The death of an appellant during the pendency of his or her appeal deprives this Court of jurisdiction.  Tex. R. App. P. 7.1(a)(2); Whitmire v. State, 943 S.W.2d 894 (Tex. Crim. App. 1997); Rheinlander v. State, 918 S.W.2d 527, 528 (Tex. Crim. App. 1996).

            Accordingly, we grant the motion and permanently abate this appeal.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          August 31, 2010

Date Decided:             September 1, 2010

Do Not Publish

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^[1]Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts.  See Tex. Gov’t Code Ann. § 73.001 (Vernon 2005).