Walter Metcalf v. The State of Texas Appeal from 217th District Court of Angelina County (memorandum opinion per curiam)
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NO. 12-17-00045-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS WALTER METCALF, APPELLANT § APPEAL FROM THE 217TH V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § ANGELINA COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Walter Metcalf appealed from his conviction for possession of a controlled substance with intent to deliver. His counsel filed a motion to dismiss the appeal. In his motion, counsel states that Appellant was involved in a fatal one-vehicle accident and pronounced dead at the scene. Because Appellant is now deceased, the motion to dismiss is granted and the appeal is dismissed. See TEX. R. APP. P. 42.2(a). Opinion delivered February 14, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT FEBRUARY 14, 2018 NO. 12-17-00045-CR WALTER METCALF, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 217th District Court of Angelina County, Texas (Tr.Ct.No. 2016-0030) THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
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