Gerald Edwin Williams, Sr. v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-07-00158-CR ______________________________ GERALD EDWIN WILLIAMS, SR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 159th Judicial District Court Angelina County, Texas Trial Court No. CR-26520 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM 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 Josh R. Morriss, III Chief Justice Date Submitted: June 17, 2008 Date Decided: June 18, 2008 Do Not Publish Before Morriss, C.J., Ross and Carter, JJ.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. Josh R. Morriss, III Chief Justice Date Submitted: August 22, 2005 Date Decided: August 23, 2005 Do Not Publish