David Eugene White v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 26, 2023
• Docket: 13-21-00336-CR
• Status: Published

Opinion

NUMBER 13-21-00336-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

DAVID EUGENE WHITE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 453rd District Court of Hays County, Texas.

MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Peña Memorandum Opinion by Justice Benavides

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. 1 See TEX. PENAL CODE ANN. §§ 49.04(b),

1 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). 49.09(b)(2).

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.

GINA M. BENAVIDES Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 26th day of January, 2023.