Gerald Edwin Williams, Sr. v. State
Opinion
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Do Not Publish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.
Date Submitted: August 22, 2005
Date Decided: August 23, 2005
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