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Gray, Justice Johnson, and Justice Smith Appeal permanently abated Opinion delivered and filed September 21, 2023 Do not publish [CR25]

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