Jimmy Lee Rhodes v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00531-CR
Jimmy Lee Rhodes, Appellant
v.
The State of Texas, Appellee
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
NO. CR-17-0393-C, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
MEMORANDUM OPINION
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.
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Permanently Abated
Filed: July 22, 2022
Do Not Publish
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