Beard v. State , 108 S.W.3d 304 ( 2003 )

OPINION

KELLER, P.J.,

delivered the unanimous opinion of the Court.

We granted Appellant’s petition for discretionary review and issued an opinion on September 25, 2002.¹ The opinion from the Eastland Court of Appeals was issued on November 4, 1999.² We have been furnished with a certificate of death indicating that appellant died on August 5, 1999. The jurisdiction of this court having been “superceded by that of a higher court,”³ we permanently abate the appeal.⁴

We withdraw our prior opinion and direct the Eleventh Court of Appeals to withdraw its prior opinion.

1 . Beard v. State, 2002 WL 31116936, 2002 Tex.Crim.App. LEXIS 183.

2 . Beard v. State, 5 S.W.3d 883 (Tex.App.-Eastland, 1999).

3 . Tutt v. State, 124 Tex.Crim. 537, 63 S.W.2d 1033 (1933).

4 . Texas Rules of Appellate Procedure, Rule 7.1(a)(2).