Arrington, Ray Gene ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0018-20
RAY GENE ARRINGTON, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FIRST COURT OF APPEALS
HARRIS COUNTY
Per curiam.
ORDER
Appellant pled guilty to driving while intoxicated and the trial court sentenced him
to confinement for one year, probated for eighteen months and a fine of $500. The Court of
Appeals affirmed the conviction. Arrington v. State, No. 01-17-00859-CR (Tex. App. —
Houston [1st], delivered July 2, 2019). On January 8, 2020, 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.
Arrington - 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 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 First Court of Appeals is directed to withdraw its prior opinion and permanently abate the
appeal of this case.
Delivered January 29, 2020
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