Black, Martel Shanidi

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0535-21
MARTEL SHANIDI BLACK, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
HARRIS COUNTY
Per curiam.
ORDER
A jury convicted Appellant of assault and assessed punishment at 120 days in county
jail, probated for 31 days. The Fourteenth Court of Appeals affirmed the conviction. Black
v. State, No. 14-20-00470-CR (Tex. App. — Houston [14 th], delivered May 27, 2021). On
July 22, 2021, 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.
Black - 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: August 25, 2021
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