Opinion
04-22-00458-CR
02-07-2024
Abel C. ESQUIVEL, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 19-08-0204-CRA Honorable Lynn Ellison, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Luz Elena D. Chapa, Justice, Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
PERMANENTLY ABATED
On November 20, 2023, appellant's counsel filed a motion to abate this appeal due to the death of appellant. On January 30, 2024, appellant's counsel filed a copy of appellant's certificate of death. The death of an appellant during the pendency of an appeal deprives this court of jurisdiction. Molitor v. State, 862 S.W.2d 615, 616 (Tex. Crim. App. 1993); Moreno v. State, No. 04-22-00276-CR, 2022 WL 4227571, at *1 (Tex. App.-San Antonio Sept. 14, 2022, no pet.) (mem. op., not designated for publication). Under these circumstances, the appropriate disposition is the permanent abatement of the appeal. TEX. R. APP. P. 7.1(a)(2); see Rogers v. State, No. PD-0242-19, 2023 WL 6853843, at *1 (Tex. Crim. App. Oct. 18, 2023). It is therefore ordered that this appeal is permanently abated.