Abel C. Esquivel v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 7, 2024
• Docket: 04-22-00458-CR
• Status: Published

Opinion

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.

DO NOT PUBLISH

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