Ex Parte Barry Alan Boes, II v. the State of Texas

Opinion

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,

132 (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

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