Vincente A. Cisneros v. the State of Texas ( 2021 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00113-CR
VINCENTE A. CISNEROS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 286th District Court
Hockley County, Texas
Trial Court No. 18059366, Honorable Pat Phelan, Presiding
September 9, 2021
PERMANENT ABATEMENT
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant Vincente A. Cisneros was convicted by jury of the offense of aggravated
sexual assault of a child and sentenced to life imprisonment. Appellant perfected an
appeal, but a mandate has not yet been issued by the court.
The State has filed a “Joint Motion to Abate Appeal Due to Death of Appellant”
indicating appellant died on August 15, 2021. The motion is signed by attorneys
representing the State and appellant.
The death of appellant during the pendency of his criminal appeal deprives this
court of jurisdiction. Freeman v. State, 11 S.W.3d 240 (Tex. Crim. App. 2000) (citing
Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994)); TEX. R. APP. P. 7.1(a)(2). The
proper action is abatement of the appeal. See TEX. R. APP. P. 7.1(a)(2).
Accordingly, this appeal is permanently abated.
Brian Quinn
Chief Justice
Do not publish.
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