PER CURIAM

This is an appeal from an order denying relief on writ of habeas corpus. Counsel for appellant filed a motion to dismiss the appeal because of the death of appellant. The Clerk docketed the motion as one to permanently abate the appeal. Tex. R. App. P. 9(b). The motion is supported by a copy of the death certificate.

The motion is granted. The appeal is permanently abated.

Before Chief Justice Carroll, Justices Kidd and B. A. Smith

Appeal Permanently Abated

Filed: November 13, 1996

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