TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00448-CR

Arthur William Montgomery, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 06-1010-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING

MEMORANDUM OPINION

The State has filed a motion to permanently abate this appeal because of the death of appellant. See Tex. R. App. P. 7.1(a)(2). The motion is supported by a copy of appellant’s death certificate.

The State’s motion is granted, and the appeal is permanently abated. Counsel’s motion for leave to file a brief exceeding the page limit is dismissed.

__________________________________________ David Puryear, Justice Before Justices Patterson, Puryear and Pemberton Permanently Abated Filed: November 30, 2007 Do Not Publish