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 The jurisdiction of this court having been "superceded by that of a higher court," ⁽³⁾ we permanently abate the appeal.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.

KELLER, P.J.

DELIVERED: June 11, 2003

PUBLISH

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

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

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

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