Gerald Edwin Williams, Sr., was convicted September 11, 2007, by the trial court of two counts of aggravated sexual assault of a child. He was sentenced to twelve years' imprisonment on each count, to run concurrently. We affirmed the trial court's conviction and sentence in an opinion issued June 10, 2008. Our mandate has not yet issued.

This Court has now been informed that Williams has died.

The death of an appellant during the pendency of his or her appeal deprives this Court of jurisdiction. Tex. R. App. P. 7.1(a)(2); Whitmire v. State, 943 S.W.2d 894 (Tex. Crim. App. 1997); Rheinlander v. State, 918 S.W.2d 527, 528 (Tex. Crim. App. 1996). Accordingly, we withdraw our opinion and permanently abate this appeal. See Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994).

Josh R. Morriss, III

Chief Justice

Date Submitted: June 17, 2008

Date Decided: June 18, 2008

Do Not Publish

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Appellant, Brian R. DeHart, has filed with this Court a motion to dismiss his appeal. The motion is signed by DeHart and his counsel in compliance with Tex. R. App. P. 42.2(a). As authorized by Rule 42.2, we grant his motion. See Tex. R. App. P. 42.2.

            Accordingly, we dismiss his appeal.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          August 22, 2005

Date Decided:             August 23, 2005

Do Not Publish