FORT WORTH, TEXAS — A Tarrant County jury sentenced Tanner Horner to death last week for the 2022 murder of 7-year-old Athena Strand, and an appeal was filed on his behalf less than a week later. Horner, 34, a former FedEx deliveryman, had pleaded guilty to the murder before the sentencing phase began.

Horner admitted to strangling Strand to death while delivering a Christmas gift to her home in November 2022. The sentencing phase of his trial lasted 20 days.

Horner's attorney filed the appeal with the Texas Court of Criminal Appeals. State law provides that a defendant sentenced to death is entitled to an automatic appeal to that court. The record of the trial, including all documents filed, evidence presented, and the written testimony, will be filed with the court. As appellant, Horner will file a brief arguing that an error occurred during the trial and that the sentence should be overturned. The prosecuting attorney for the state will file a brief in response arguing against overturning the sentence. The Court of Criminal Appeals will review the briefs and either affirm or reverse the trial court's decision. If the court affirms the conviction or sentence, Horner can appeal to the United States Supreme Court.

A defendant sentenced to death can also file a separate state habeas corpus application to raise claims based on facts outside the trial, and most death-sentenced defendants automatically receive assistance from the Office of Capital and Forensic Writs immediately after sentencing. According to the Texas Court of Criminal Appeals, a death-sentenced inmate's direct appeal and state habeas application are usually reviewed simultaneously by the court. It is not clear as of May 12, 2026 whether Horner has filed a writ of habeas corpus.

Horner was booked at the Polunsky Unit within hours of being sentenced. The unit, a prison outside Houston, houses Texas death row inmates in an all-solitary confinement wing, where inmates spend at least 22 hours a day in 60-square-foot cells. His cell will contain a metal bunk with a thin mattress, a metal desk, and a metal toilet and sink. He will eat his meals in his cell, have access only to reading materials, a pen, and paper for entertainment, and be subject to hourly checks throughout day and night. He will remain at the Polunsky Unit until his death by lethal injection. The average stay on Texas death row is just over 11 years, while some inmates at the unit have been awaiting execution since 1977, nearly 50 years. The shortest stay was 252 days before execution in 1996.

Maitlyn Gandy, Strand's mother, said her focus will shift to honoring her daughter's legacy through the nonprofit Athena Strand's Army, which will support communities and provide scholarships. Gandy said her mission will be to push for faster alert systems for missing children and a change in how Amber Alerts are issued. The Athena Alert allows Texas law enforcement to issue regional alerts for missing children within a 100-mile radius without needing immediate proof of abduction.