Harles Randle Allison v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 29, 2025
• Docket: 06-25-00007-CR
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-25-00007-CR

HARLES RANDLE ALLISON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 371st District Court Tarrant County, Texas Trial Court No. 1793757

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION

On November 22, 2024, a Tarrant County1 jury found Harles Randle Allison guilty of

four counts of indecency with a child by sexual contact,2 and the trial court sentenced him to 99

years’ confinement on each count. Allison timely filed a notice of appeal on November 22,

2024. After filing that notice of appeal, Allison died.

The death of an appellant during the pendency of his appeal deprives this Court of

jurisdiction, and the proper disposition is permanent abatement rather than dismissal. TEX. R.

APP. P. 7.1(a)(2); State v. McCaffrey, 76 S.W.3d 392, 392–93 (Tex. Crim. App. 2002); Whitmire

v. State, 943 S.W.2d 894, 895 (Tex. Crim. App. 1997) (per curiam).

Accordingly, we permanently abate this appeal.

Charles van Cleef Justice

Date Submitted: May 28, 2025 Date Decided: May 29, 2025

Do Not Publish

1 Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.). 2 Allison was also charged with the offense of continuous sexual abuse of a child. However, following the State’s presentation of its evidence, the State waived prosecution on that charge. 2