Billy Jack Stone, Jr. v. the State of Texas

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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