TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00636-CR

Kenneth Wayne Rickaby, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT NO. 13,019, HONORABLE CHARLOTTE HINDS, JUDGE PRESIDING

MEMORANDUM OPINION

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 The opinion dated February 24, 2009, is withdrawn, the motion for rehearing is dismissed, and the appeal is permanently abated.

___________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Pemberton and Waldrop Permanently Abated Filed: June 18, 2009 Do Not Publish