Opinion
03-23-00045-CR
08-25-2023
Sostenes Rivas, Jr., Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR19-0295A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
Before Justices Baker, Triana, and Smith
MEMORANDUM OPINION
GISELA D. TRIANA, JUSTICE
The State and counsel for appellant Sostenes Rivas, Jr., have each filed a motion to permanently abate this appeal because, they advise us, Rivas has died. 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 is to permanently abate the appeal. See Tex. R. App. P. 7.1(a)(2). Accordingly, we grant the motions and permanently abate this appeal.