Tilwen Green v. State

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-19-00086-CR

TILWEN GREEN, Appellant v.

THE STATE OF TEXAS, Appellee

From the 77th District Court Freestone County, Texas Trial Court No. 17-041-CR

MEMORANDUM OPINION

Appellant sought to appeal his conviction for aggravated assault on a public

servant. See TEX. PENAL CODE ANN. § 22.02(b)(2)(B). On March 18, 2020, appellant's

counsel informed this Court by Motion to Permanently Abate Appeal that appellant

passed away on December 6, 2019. A certified copy of appellant’s death certificate was

attached to the motion.

No opinion or mandate has been issued in the appeal. Therefore, in accordance

with Rule 7.1(a)(2) of the Texas Rules of Appellate Procedure, appellant’s motion is granted, and this appeal is permanently abated. TEX. R. APP. P. 7.1(a)(2); see also Freeman

v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000); Hanson v. State, 790 S.W.2d 646, 646 (Tex.

Crim. App. 1990) (noting that the death of an appellant during the pendency of an appeal

deprives the appellate courts of jurisdiction).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Appeal permanently abated Opinion delivered and filed March 23, 2020 Do not publish [CRPM]

Green v. State Page 2