Abel C. Esquivel v. the State of Texas ( 2024 )

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DO NOT PUBLISH
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