Alan J. Mineros-Perez v. the State of Texas

Opinion

Fourth Court of Appeals

San Antonio, Texas

OPINION

No. 04-25-00350-CR

Alan J. MINEROS-PEREZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR6862 Honorable Raymond Angelini, Judge Presiding

Opinion by: Velia J. Meza, Justice

Sitting: Rebeca C. Martinez, Chief Justice Lori Massey Brissette, Justice Velia J. Meza, Justice

Delivered and Filed: August 12, 2026 APPEAL PERMANENTLY ABATED A jury convicted Mineros-Perez of sexual assault of a child and indecency with a child.

Mineros-Perez perfected this appeal and filed a brief. The case was submitted on March 27, 2026. On August 3, 2026, Mineros-Perez’s spouse filed a copy of his death certificate, which shows that he suffered a stroke and died on June 4, 2026.

The death of an appellant during the pendency of an appeal from a criminal proceeding deprives this court of jurisdiction. Garcia v. State, 840 S.W.2d 957, 958 (Tex. Crim. App. 1992)

04-25-00350-CR

(per curiam). If the death occurs after the appeal is perfected but before the appellate court issues its mandate, the appeal must be permanently abated. TEX. R. APP. P. 7.1(a)(2); Brown v. State, 439 S.W.3d 929, 930 (Tex. Crim. App. 2014). Abatement is required because each alternative would improperly resolve the case without full appellate review. Dismissal of the appeal would make the judgment of conviction final as though we had affirmed it after full review. Vargas v. State, 659 S.W.2d 422, 423 (Tex. Crim. App. 1983) (per curiam); see also State v. McCaffrey, 76 S.W.3d 392, 392–93 (Tex. Crim. App. 2002) (citing Vargas and explaining the rationale behind permanent abatement, but holding that rationale inapplicable when the State is the appellant). Alternatively, setting aside the judgment of conviction and ordering the trial court to dismiss the indictment “once again equals the result usually reached only after full appellate review.” Vargas, 659 S.W.2d at 423. The appropriate response, therefore, is to withdraw any issued opinions and permanently abate the appeal. Brown, 439 S.W.3d at 930 (directing the First Court of Appeals “to withdraw its opinion and permanently abate the appeal”).

Mineros-Perez died after perfecting his appeal and before this court issued a mandate. This court has not previously issued an opinion in this appeal. We order this appeal permanently abated.

Velia J. Meza, Justice

PUBLISH