ROLEN II v. STATE (2025)

Court of Criminal Appeals of Texas.

Larry Glen ROLEN II, Appellant v. The STATE of Texas

NOS. PD-0299-25, 0300-25, 0301-25, 0302-25, 0303-25

Decided: May 28, 2025

John Bennett, Austin, for Appellant.

ORDER

A jury convicted Appellant of five counts of intoxication manslaughter. The Court of Appeals affirmed the convictions. Rolen v. State, Nos. 07-24-00110-CR, 07-24-00111-CR, 07-24-00112-CR, 07-24-00113-CR, 07-24-00114-CR, 2025 WL 1364439 (Tex. App.—Amarillo, delivered May 9, 2025). On May 13, 2025, Appellant filed petitions for discretionary review. However, Appellant has died and counsel for Appellant has filed a motion to withdraw the petitions for discretionary review.

Under Tex. R. App. Pro. 7.1(a)(2), if an 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. See also Graham v. State, 991 S.W.2d 802 (Tex. Crim. App. 1998). Therefore, Appellant's petitions for discretionary review are dismissed, and the Seventh Court of Appeals is directed to withdraw its prior opinions and permanently abate the appeals of these cases.

Per curiam.

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