Opinion
PD-0535-21
08-25-2021
MARTEL SHANIDI BLACK, Appellant v. THE STATE OF TEXAS
Do not publish
ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY
ORDER
Per curiam.
A jury convicted Appellant of assault and assessed punishment at 120 days in county jail, probated for 31 days. The Fourteenth Court of Appeals affirmed the conviction. Black v. State, No. 14-20-00470-CR (Tex. App. - Houston [14th], delivered May 27, 2021). On July 22, 2021, Appellant filed a petition for discretionary review. However, Appellant has died and counsel for Appellant has filed a motion to dismiss the petition for discretionary review and permanently abate the appeal.
Under Tex.R. App. Pro. 7.1(a)(2), if an appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appeal will be permanently abated. See also Graham v. State, 991 S.W.2d 802 (Tex. Crim. App. 1998). Therefore, Appellant's motion is granted, Appellant's petition for discretionary review is dismissed, and the Fourteenth Court of Appeals is directed to withdraw its prior opinion and permanently abate the appeal of this case.