NO. 12-05-00087-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LINDBERGH BROWNING,                             §                APPEAL FROM THE 114TH

APPELLANT

V.                                                                         §                JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                         §                SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant’s attorney has filed a motion informing this Court that Appellant has died and requesting that we withdraw Appellant’s notice of appeal and dismiss the appeal. Because the appeal was perfected before Appellant’s death, and we have not yet issued a mandate, the appeal is permanently abated in accordance with Texas Rule of Appellate Procedure 7.1(a)(2).

Opinion delivered June 30, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)