hooked endscene, ID3DXSprite::draw stops working after a few seconds

Question

I have hooked the endscene of a game, and want to draw my desktop as an overlay using a ID3DXSprite. (I don't want to run my game minimized and want to be able to look at my desktop by pressing a key)

So it works, but after a few seconds it will just stop showing up. To be precise: it works while the screen of the game is still black and when the game is "loaded" the game shows up.

Now I thought the ID3DXSprite was just being rendered behind the actual game, but I haven't found a way to get it to render in front.

But it could be something else entirely, so I would like some ideas and suggestions.

code:

    RECT r;

r.right = 1920;
r.bottom = 1080;

D3DXMATRIX d;
D3DXMatrixIdentity(&d);
m_pSpriteRenderer->SetWorldViewLH(&d,NULL);

m_pSpriteRenderer->Begin( D3DXSPRITE_ALPHABLEND);

m_pSpriteRenderer->SetTransform(&d);

m_pSpriteRenderer->Draw(
    m_texture,
    &r,
    NULL,
    NULL,
    D3DCOLOR_COLORVALUE(1.0f,1.0f,1.0f,1.0f));

m_pSpriteRenderer->Flush();//draw the whole queue
m_pSpriteRenderer->End();