TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00055-CR

Ex parte Barry Alan Boes, II

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR-20-1625-A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

MEMORANDUM OPINION

Barry Alan Boes, II’s counsel has filed a motion to permanently abate this appeal because Boes died while the appeal was pending. 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 must permanently abate the appeal. See Tex. R. App. P. 7.1(a)(2); see Dulin v. State, 620 S.W.3d 129, (Tex. Crim. App. 2021) (“[T]he death of a defendant during the pendency of an appeal requires that the defendant’s prosecution be permanently abated.”). Accordingly, we grant the motion and permanently abate the appeal.

__________________________________________ Karin Crump, Justice Before Chief Justice Byrne, Justices Crump and Ellis Permanently Abated Filed: October 15, 2025 Do Not Publish