TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00716-CR

Marshall Murel Dunham, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 52,880, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

Counsel for appellant moves to dismiss this appeal because of the death of appellant.

The motion will be treated as a motion to permanently abate the appeal. Tex. R. App. P. 7.1(a)(2).

The motion is granted.

The appeal is permanently abated.

__________________________________________ David Puryear, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Permanently Abated Filed: March 20, 2003 Do Not Publish