Otha Morris Haywood v. the State of Texas
This text of Otha Morris Haywood v. the State of Texas (Otha Morris Haywood v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-22-00394-CR
OTHA MORRIS HAYWOOD, Appellant v.
THE STATE OF TEXAS, Appellee
From the 278th District Court Walker County, Texas Trial Court No. 29009
MEMORANDUM OPINION
Otha Morris Haywood perfected this appeal from his conviction for driving while
intoxicated-3rd or more. See TEX. PENAL CODE ANN. § 49.04. This Court has not issued
an opinion or mandate in this appeal. Haywood has since died, and this Court received
a copy of Haywood’s death certificate. Haywood’s death during the pendency of his
criminal appeal deprives this Court of jurisdiction. See Freeman v. State, 11 S.W.3d 240, 240 (Tex. Crim. App. 2000). The proper action is permanent abatement of the appeal. See
TEX. R. APP. P. 7.1(a)(2).
Accordingly, this appeal is permanently abated.
STEVE SMITH Justice
Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal permanently abated Opinion delivered and filed September 21, 2023 Do not publish [CR25]
Haywood v. State Page 2
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