Michael Roy Villalba v. the State of Texas
This text of Michael Roy Villalba v. the State of Texas (Michael Roy Villalba v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order filed December 8, 2022
In The
Eleventh Court of Appeals ___________
No. 11-22-00193-CR ___________ MICHAEL ROY VILLALBA, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 441st District Court Midland County, Texas Trial Court Cause No. CR56890
ORDER On December 2, 2022, counsel notified this court of the death of Appellant, Michael Roy Villalba, and provided a verification of death from the Midland County clerk. The death verification was also included in a supplemental clerk’s record filed in this court. Appellant’s death deprives this court of jurisdiction. See Molitor v. State, 862 S.W.2d 615 (Tex. Crim. App. 1993). If an appellant in a criminal case dies after an appeal is perfected but before mandate has issued, the appeal must be permanently abated. TEX. R. APP. P. 7.1(a)(2). Accordingly, this appeal is permanently abated.
December 8, 2022 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
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