Michael Roy Villalba v. the State of Texas ( 2022 )

Order filed December 8, 2022
In The
Eleventh Court of Appeals
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No. 11-22-00193-CR
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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Do not publish.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.