                                     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.




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      APPEAL ABATED.




                                           ________________________________
                                                     HOLLIS HORTON
                                                         Justice



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Do Not Publish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




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