Opinion
NUMBER 13-17-00057-CR
05-31-2018
GREGORY STEPHEN HERNANDEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 197th District Court of Willacy County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Hinojosa
Memorandum Opinion by Justice Contreras
Appellant, Gregory Stephen Hernandez, perfected an appeal from a judgment entered by the 197th District Court of Willacy County, Texas in trial court cause number 2015-CR-0119-A. Appellant's counsel has filed a motion to permanently abate the appeal because of the death of appellant.
Texas Rule of Appellate Procedure 7.1(a)(2) provides that "[i]f the 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." TEX. R. APP. P. 7.1(a)(2). This Court has not issued its mandate in this appeal. Accordingly, we grant counsel's motion and order this appeal permanently ABATED.
DORI CONTRERAS
JUSTICE Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 31st day of May, 2018.