Opinion
11-22-00193-CR
12-08-2022
MICHAEL ROY VILLALBA, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish. See Tex. R. App. P. 47.2(b).
On Appeal from the 441st District Court Midland County, Texas Trial Court Cause No. CR56890
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
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