FILE COPY

SHARON KELLER DEANA WILLIAMSON PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK (512) 463-1551 P.O. BOX 12308, CAPITOL STATION BARBARA P. HERVEY BERT RICHARDSON AUSTIN, TEXAS 78711 SIAN SCHILHAB KEVIN P. YEARY GENERAL COUNSEL (512) 463-1597 DAVID NEWELL MARY LOU KEEL SCOTT WALKER MICHELLE M. SLAUGHTER JESSE F. MCCLURE, III JUDGES

June 14, 2024 10th Court Of Appeals Clerk District Clerk Mclennan County McLennan County Courthouse P.O. Box 2451 Washington Ave., Rm 415 Waco, TX 76703 Waco, TX 76701 * Delivered Via E-Mail * * Delivered Via E-Mail * Re: Heath, Dwayne Robert CCA No. PD-0156-22 COA No. 10-18-00187-CR Trial Court Case No. 2017-241-C2 The majority opinion in the above referenced case has been changed as follows: Pg. 11, footnote 26: “Article 38.14" has been changed to “Article 39.14" Pg. 18, line 10: “in which action an action is pending” has been changed to “in which an action is pending” Pg. 19, footnote 57: “what is discoverable if committed” has been changed to “what is discoverable is committed” Pg. 22, line 6: “Who is “The State” in for...” has been changed to “Who is “the State” for...”

Pg. 23, line 6: “until it’s petition for discretionary review” has been changed to “until its petition for discretionary review” Pg. 24, line 17: “discovery for the “the work product...” has been changed to discovery for “the work product...”

Pg. 26, line 5: “disclosure of discovery evidence” has been changed to “disclosure of discoverable evidence” SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM 106, AUSTIN, TEXAS 78701 WEBSITE WWW.TXCOURTS.GOV/CCA FILE COPY

Pg. 29, line 3: “A law enforcement agency filling a case” has been changed to “A law enforcement agency filing a case” Pg. 36, line 2: “neglect or failure duty” has been changed to “neglect or failure of duty” Pg. 38, line 20: “Presiding Judge Gray” has been changed to “Chief Justice Gray” Pg. 43, line 6: “discovery order Hollowell v. State” has been changed to “discovery order in Hollowell v. State” Pg. 43, line 11: “was in progress untenable” has been changed to “was in progress is untenable” Pg. 46, line 14: “the previous convictions prior judgments” has been changed to “the previous judgments” Pg. 49, line 13: “designated claims or defense” has been changed to “designated claims or defenses” Pg. 49, footnote 150: “(Failing to Timely Response - Effect on Trial)” has been changed to “(Failing to Timely Respond - Effect on Trial)” Pg. 51, line 11: “to wait until it get ready” has been changed to “to wait until it gets ready”

Sincerely,

Deana Williamson, Clerk

cc: Presiding Judge 54th District Court (Delivered Via E-Mail) District Attorney Mclennan County (Delivered Via E-Mail) Jessica Freud (Delivered Via E-Mail) State Prosecuting Attorney (Delivered Via E-Mail) Emily Johnson-Liu (Delivered Via E-Mail)