Billy Jack Stone, Jr. v. the State of Texas
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Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00680-CR
Billy Jack Stone, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 274TH DISTRICT COURT OF COMAL COUNTY NO. CR2021-376C, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING
MEMORANDUM OPINION
Counsel for appellant Billy Jack Stone, Jr., has filed a motion to permanently
abate this appeal, representing that Stone has died. Attached to the motion is a copy of an
incident report by the Texas Department of Criminal Justice confirming Stone’s death, of which
we take judicial notice. See Tex. R. Evid. 201. When 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. See Tex. R. App. P. 7.1(a)(2); Vargas v. State, 659 S.W.2d 422,
423 (Tex. Crim. App. 1983). Accordingly, we permanently abate this appeal and dismiss
counsel’s motion as moot.
__________________________________________ Gisela D. Triana, Justice Before Justices Triana, Theofanis, and Crump
Permanently Abated
Filed: May 30, 2025
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