Jimmy Lee Rhodes v. the State of Texas
This text of Jimmy Lee Rhodes v. the State of Texas (Jimmy Lee Rhodes v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00531-CR
Jimmy Lee Rhodes, Appellant
v.
The State of Texas, Appellee
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR-17-0393-C, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
MEMORANDUM OPINION
Jimmy Lee Rhodes was convicted of murder, and he appealed the trial court’s
judgment of conviction. See Tex. Penal Code § 19.01. Rhodes’s attorney has filed a suggestion
of death, explaining that Rhodes died while the appeal was pending. When an appellant in a
criminal case dies after an appeal is perfected but before the appellate court issues the mandate,
the appellate court must permanently abate the appeal. See Tex. R. App. P. 7.1(a)(2); Jaminez
Sosa v. State, No. 03-19-00130-CR, 2019 WL 6975113, at *1 (Tex. App.—Austin Dec. 20,
2019, no pet.) (mem. op., not designated for publication). Accordingly, we permanently abate
the appeal. __________________________________________ Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Permanently Abated
Filed: July 22, 2022
Do Not Publish
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