CourtListener 10707471•Ex Parte Barry Alan Boes, II v. the State of Texas
Ex Parte Barry Alan Boes, II v. the State of Texas
CourtListener 10707471Txctapp3Oct 15, 2025
Full text
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00055-CR
Ex parte Barry Alan Boes, II
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
NO. CR-20-1625-A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
MEMORANDUM OPINION
Barry Alan Boes, II’s counsel has filed a motion to permanently abate this appeal
because Boes died while the appeal was pending. Where, as here, an appellant in a criminal case
dies after an appeal is perfected but before the appellate court issues the mandate, the court must
permanently abate the appeal. See Tex. R. App. P. 7.1(a)(2); see Dulin v. State, 620 S.W.3d 129,
132 (Tex. Crim. App. 2021) (“[T]he death of a defendant during the pendency of an appeal
requires that the defendant’s prosecution be permanently abated.”). Accordingly, we grant the
motion and permanently abate the appeal.
__________________________________________
Karin Crump, Justice
Before Chief Justice Byrne, Justices Crump and Ellis
Permanently Abated
Filed: October 15, 2025
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