                            NUMBER 13-08-00725-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________


DUANE PHILLIP RANTHUM,                                                      Appellant,

                                          v.

THE STATE OF TEXAS,                                                         Appellee.

____________________________________________________________

              On Appeal from the 156th District Court
                   of Live Oak County, Texas.
____________________________________________________________

                            MEMORANDUM OPINION

      Before Chief Justice Valdez and Justices Yañez and Benavides
                    Memorandum Opinion Per Curiam

      Appellee, The State of Texas, by and through its attorney, has filed a motion for

involuntary dismissal of the appeal. Appellant was sentenced to thirty-five years in the

Texas Department of Criminal Justice Institutional Division for aggravated assault. The

State’s motion is supported by affidavit, showing that appellant escaped from custody on
December 24, 2008, and that appellant remains at large and has not returned to custody.

See TEX . R. APP. P. 42.4. Appellant’s counsel has not filed a reply to the State’s motion.

Without passing on the merits of the case, we grant the motion to involuntarily dismiss

pursuant to Texas Rule of Appellate Procedure 42.4 and dismiss the appeal.



                                                        PER CURIAM



Do not publish. See TEX . R. APP. P. 47.2(b).
Memorandum Opinion delivered and
filed this the 26th day of February, 2009.




                                            2
