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Thomas J. Baker, Justice Before Justices Goodwin, Baker, and Kelly Permanently Abated Filed: July 22, 2022 Do Not Publish