Billy R. Belgard v. The State of Texas--Appeal from 188th District Court of Gregg County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00152-CR ______________________________ BILLY R. BELGARD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 188th Judicial District Court Gregg County, Texas Trial Court No. 37,946-A Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION A jury convicted Billy R. Belgard of one count of aggravated sexual assault of a child and one count of indecency with a child and assessed his punishment at fifty-four years imprisonment for the first count and twenty years imprisonment for the second count.1 Belgard filed his notice of appeal August 5, 2009. This Court has now been informed that Belgard has died. The death of an appellant during the pendency of his 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 permanently abate this appeal. Bailey C. Moseley Justice Date Submitted: Date Decided: February 22, 2010 February 23, 2010 Do Not Publish 1 This appeal is a companion appeal to cause number 06-09-00151-CR, in which Belgard was convicted of two counts of aggravated sexual assault of a child and was sentenced to life imprisonment. 2
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