Billy R. Belgard v. State
Opinion
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-09-00152-CR
BILLY R. BELGARD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 188th Judicial District Court
Gregg County, Texas
Trial Court No. 37,946-A
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
A jury convicted Billy R. Belgard of one count of aggravated sexual assault of a child and one count of indecency with a child and assessed his punishment at fifty-four years’ imprisonment for the first count and twenty years’ imprisonment for the second count.[1] Belgard filed his notice of appeal August 5, 2009.
This Court has now been informed that Belgard has died.
The death of an appellant during the pendency of his 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 permanently abate this appeal.
Bailey C. Moseley
Justice
Date Submitted: February 22, 2010
Date Decided: February 23, 2010
Do Not Publish
[1]This appeal is a companion appeal to cause number 06-09-00151-CR, in which Belgard was convicted of two counts of aggravated sexual assault of a child and was sentenced to life imprisonment.
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