TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00342-CR

Lee Andrew Green, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT NO. D-1-DC-14-904017, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

MEMORANDUM OPINION

Counsel for appellant Lee Andrew Green has filed a motion to permanently abate this appeal in light of the fact that, he advises us, Green has died. Where, as here, an appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the court is to permanently abate the appeal.1 Accordingly, we grant the motion and permanently abate the appeal.

__________________________________________ Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Field Permanently Abated Filed: December 17, 2015 Do Not Publish

Tex. R. App. P. 7.1(a)(2).