Opinion
03-21-00531-CR
07-22-2022
Jimmy Lee Rhodes, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR-17-0393-C, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
Before Justices Goodwin, Baker, and Kelly
MEMORANDUM OPINION
THOMAS J. BAKER, JUSTICE
Jimmy Lee Rhodes was convicted of murder, and he appealed the trial court's judgment of conviction. See Tex. Penal Code § 19.01. Rhodes's attorney has filed a suggestion of death, explaining that Rhodes died while the appeal was pending. When an appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appellate court must permanently abate the appeal. See Tex.R.App.P. 7.1(a)(2); Jaminez Sosa v. State, No. 03-19-00130-CR, 2019 WL 6975113, at *1 (Tex. App.-Austin Dec. 20, 2019, no pet.) (mem. op., not designated for publication). Accordingly, we permanently abate the appeal.
Permanently Abated.