
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



M E M O R A N D U M    O P I N I O N

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February 24, 2009, is withdrawn, the motion for rehearing is dismissed, and the appeal is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Do Not Publish
