Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00458-CR
Abel C. ESQUIVEL, Appellant
v.
The STATE of Texas, Appellee
From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 19-08-0204-CRA Honorable Lynn Ellison, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice
Delivered and Filed: February 7, 2024
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-
04-22-00458-CR 0242-19, 2023 WL 6853843, at *1 (Tex. Crim. App. Oct. 18, 2023). It is therefore ordered that this appeal is permanently abated.
PER CURIAM
DO NOT PUBLISH
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