David Eugene White v. the State of Texas

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Do not publish.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.
2