Opinion
07-21-00113-CR
09-09-2021
VINCENTE A. CISNEROS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
DO NOT PUBLISH.
On Appeal from the 286th District Court Hockley County, Texas Trial Court No. 18059366, Honorable Pat Phelan, Presiding
Before QUINN, C.J., and PARKER and DOSS, JJ.
PERMANENT ABATEMENT
Brian Quinn Chief Justice
Appellant Vincente A. Cisneros was convicted by jury of the offense of aggravated sexual assault of a child and sentenced to life imprisonment. Appellant perfected an appeal, but a mandate has not yet been issued by the court.
The State has filed a "Joint Motion to Abate Appeal Due to Death of Appellant" indicating appellant died on August 15, 2021. The motion is signed by attorneys representing the State and appellant.
The death of appellant during the pendency of his criminal appeal deprives this court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000) (citing Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994)); Tex.R.App.P. 7.1(a)(2). The proper action is abatement of the appeal. See Tex. R. App. P. 7.1(a)(2).
Accordingly, this appeal is permanently abated.