ACCEPTED 03-15-00342-CR 8125236 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/7/2015 4:57:13 PM JEFFREY D. KYLE CLERK CASE NO. 03-15-00342, (TC# D-1-DC-14-904017) FILED IN LEE ANDREW GREEN VS. STATE OF TEXAS3rd COURT OF APPEALS AUSTIN, TEXAS 12/7/2015 4:57:13 PM An Appeal following a trial from JEFFREY D. KYLE The 403th District Court, Travis County, Texas Clerk No. D-1-DC-14-904017 Styled the State of Texas vs. Lee Andrew Green, Jr.

REQUEST TO ABATE APPEAL UNDER TEXAS RULES OF APPELLATE PROCEDURE 7.1. (A) (2)

To The Honorable Clerk of Said Court:

Now comes Counsel on Appeal for Lee Andrew Green, Appellant in the above styled cause, and makes this his Request to Abate Appeal under Texas Rules of Appellate Procedure 7.1 (a) (2), and for good cause would show:

I.

Counsel for Appellant received notice on this date (Dec. 4, 2015) that the Appellant passed away on November 28th, 2015, while in custody in the Texas Department of Criminal Justice. Appeal has been properly perfected. The Court has not yet issued a mandate. Therefore, Counsel for Appellant requests that the Court permanently abate the appeal as per Texas Rule of Appellate Procedure 7.1 (a) (2).

Respectfully Submitted,

_____/s/ Drew Phipps______ Drew Phipps Attorney for Appellant 7421 Burnet Rd. #288 Austin, Texas 78757 (512) 476-3111 Bar # 15963050 CERTIFICATE OF SERVICE

I, Drew Phipps, Attorney for Appellant, do certify that on this the 7h day of December, 2015, a true and correct copy of the foregoing Appellant’s Request to Abate Appeal was delivered by email to the Travis County District Attorney’s Office, Blackwell-Thurman Criminal Justice Center, Austin, Texas 78701.

___/s/ Drew Phipps______ Drew Phipps