Stephen Dale Hommel v. The State of Texas Appeal from 197th District Court of Willacy County (memorandum opinion per curiam)

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NUMBERS 13-19-00542-CR & 13-19-00543-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG STEPHEN DALE HOMMEL, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 197th District Court of Willacy County, Texas. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion Per Curiam Appellant Stephen Dale Hommel perfected his appeal from his convictions for two counts of first- degree aggravated assault and two counts of attempted murder in cause number 2018-CR-62-A in the 197th District Court of Willacy County, Texas.1 See Tex. Penal Code Ann. §§ 19.03(a)(7), 22.02(a)(2). Hommel also perfected his appeal from his 1 These convictions were appealed under cause number 13-19-00542-CR. convictions for two counts of burglary of a habitation with the intent to commit assault in 2018-CR-63-A in the 197th District Court of Willacy County.2 See id. § 30.02(d). During the pendency of this appeal, the State filed its “First Amended Motion to Abate due to the Death of the Appellant” in both appellate cause numbers and notified the Court that Hommel died on May 23, 2020. “If the appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appeal will be permanently abated.” TEX. R. APP. P. 7.1(a)(2); see also Barrera v. State, No. 1303- 00707-CR, 2010 WL 880626, at *1 (Tex. App.—Corpus Christi–Edinburg Mar. 11, 2010, no pet.) (mem. op., not designated for publication). Accordingly, we hereby order this appeal permanently ABATED. PER CURIAM Do not publish. TEX. R. APP. P. 47.2 (b). Delivered and filed the 30th day of July, 2020. 2 These convictions were appealed under cause number 13-19-00543-CR. 2