Counsel for appellant has filed a motion to permanently abate the appeal because of the death of appellant. Tex. R. App. P. 7.1(a)(2). The motion is granted. The opinion dated February 24, 2009, is withdrawn, the motion for rehearing is dismissed, and the appeal is permanently abated.

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Jan P. Patterson, Justice

Before Justices Patterson, Pemberton and Waldrop

Permanently Abated

Filed: June 18, 2009

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