TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00579-CR

Ex parte Gerald Van Brackle

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT NO. 03-904085, 9034085, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

MEMORANDUM OPINION

The State has filed a motion to dismiss this appeal. Attached to the motion is a copy of a death certificate showing that appellant Gerald Van Brackle died on April 20, 2007.

The motion is granted in part. The appeal is permanently abated. Tex. R. App. P. 7.1(a)(2).

__________________________________________ Diane Henson, Justice Before Chief Justice Law, Justices Waldrop and Henson Permanently Abated Filed: July 23, 2007 Do Not Publish