Small, Sherill Ann ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1232-16
SHERILL ANN SMALL, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
MILAM COUNTY
Per curiam.
ORDER
A jury convicted Appellant of capital murder and punishment was assessed at
confinement for life without parole. See Tex. Penal Code, § 12.31(a)(2). The Fourteenth
Court of Appeals affirmed the conviction. Small v. State, ___S.W.3d___ (Tex. App. —
Houston [14th ], delivered May 19, 2016). On October 18, 2016, 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.
Small - 2
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.
Delivered: January 25, 2017
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