Tilwen Green v. The State of Texas Appeal from 77th District Court of Freestone County (memorandum opinion)
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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Justice Gray, Justice Davis, and Justice Neill Appeal permanently abated Opinion delivered and filed March 23, 2020 Do not publish [CRPM] Green v. State Page 2
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