Gerardo Venegas v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00345-CR Gerardo VENEGAS, Appellant v. The STATE of Texas, Appellee From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2014CRH001475 D3 Honorable Rebecca Ramirez Palomo, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: June 22, 2016 DISMISSED The State has filed a motion to dismiss this appeal because the appellant escaped from custody and has not been recaptured or voluntarily returned to lawful custody with the state. The motion is supported by an affidavit stating appellant escaped from custody during his trial, was convicted in abstentia on May 23, 2016, and had not returned to custody as of June 16, 2016. The motion is granted, and the appeal is dismissed. TEX. R. APP. P. 42.4. PER CURIAM DO NOT PUBLISH