TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00045-CR

Sostenes Rivas, Jr., Appellant v. The State of Texas, Appellee

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR19-0295A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

MEMORANDUM OPINION The State and counsel for appellant Sostenes Rivas, Jr., have each filed a motion to permanently abate this appeal because, they advise us, Rivas has died. Where, as here, an appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the court is to permanently abate the appeal. See Tex. R. App. P. 7.1(a)(2).

Accordingly, we grant the motions and permanently abate this appeal.

__________________________________________ Gisela D. Triana, Justice Before Justices Baker, Triana, and Smith Permanently Abated Filed: August 25, 2023 Do Not Publish