TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00167-CR

Willie Walker Jr., Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NO. 03-751-K368, HONORABLE BURT CARNES, JUDGE PRESIDING

MEMORANDUM OPINION

On January 19, 2009, appellant’s attorney filed notice stating that she was informed by the Texas Department of Criminal Justice on November 4, 2008, that appellant is deceased.

Accordingly, our opinion and judgment, issued January 8, 2009, are withdrawn and this appeal is permanently abated. See Tex. R. App. P. 7.1(a)(2).

__________________________________________ Diane M. Henson, Justice Before Justices Patterson, Waldrop and Henson Permanently Abated Filed: February 12, 2009 Do Not Publish