Opinion
13-21-00336-CR
01-26-2023
DAVID EUGENE WHITE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 453rd District Court of Hays County, Texas.
Before Justices Benavides, Tijerina, and Peña
MEMORANDUM OPINION
GINA M. BENAVIDES JUSTICE
Appellant David Eugene White perfected his appeal from his conviction for his third or more driving while intoxicated offense in cause number CR-20-0864-E in the 453rd District Court of Hays County, Texas. See Tex. Penal Code Ann. §§ 49.04(b), 49.09(b)(2).
This appeal was transferred to this Court from the Third Court of Appeals in Austin by order of the Texas Supreme Court. See Tex. Gov't Code Ann. § 73.001 (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is "good cause" for the transfer).
During the pendency of this appeal, a motion to permanently abate the appeal was filed on behalf of White. Attached to the motion is a public information disclosure sheet relating that White passed away on June 21, 2022. See Tex. Gov't Code Ann. § 552.029(8). "If the appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appeal will be permanently abated." Tex.R.App.P. 7.1(a)(2); see Garcia v. State, 840 S.W.2d 957, 958 (Tex. Crim. App. 1992) (per curiam) ("The death of an appellant during the pendency of an appeal deprives . . . the court of appeals of jurisdiction."). Accordingly, we hereby grant the motion filed on behalf of White and order this appeal permanently ABATED.