Background
A Bexar County jury convicted Alan J. Mineros-Perez of sexual assault of a child and indecency with a child. He perfected an appeal, filed his brief, and the case was submitted on March 27, 2026.
Mineros-Perez died of a stroke on June 4, 2026, while the appeal remained pending. On August 3, his spouse filed a copy of his death certificate with the court.
The Court’s Holding
The Texas Fourth Court of Appeals permanently abated the appeal. An appellant’s death during the pendency of a criminal appeal deprives the appellate court of jurisdiction when the death occurs after the appeal is perfected but before mandate issues.
The court explained that dismissal would improperly leave the conviction final as though it had been affirmed after full appellate review, while vacating the conviction and directing dismissal of the indictment would likewise grant relief ordinarily available only after such review. Because no opinion had previously issued, the court ordered the appeal permanently abated.
Key Takeaways
- A criminal appeal must be permanently abated when the appellant dies after perfecting the appeal and before mandate.
- The appellant’s death deprives the appellate court of jurisdiction over the criminal appeal.
- Permanent abatement avoids treating the unreviewed conviction as affirmed or vacating it without full appellate review.
Why It Matters
The decision applies Texas Rule of Appellate Procedure 7.1(a)(2) and confirms that permanent abatement, rather than dismissal or vacatur, is the required disposition when a criminal appellant dies before the appeal is completed.