Cathy v. State, 38,951

• Decision Date: 13 April 1966
• Docket Number: No. 38,951,38,951
• Parties: Donald Wayne Cathy, Appellant v. The State of Texas, Appellee
• Court: Texas Court of Criminal Appeals

402 S.W.2d 743

Donald Wayne Cathy, Appellant v. The State of Texas, Appellee

No. 38,951

Court of Criminal Appeals of Texas

April 13, 1966

McDonald, Presiding Judge.

OPINION

The offense is driving while license suspended; the punishment, enhanced by proof of a prior conviction, is 30 days confinement in jail and a fine of $300.00.

Officer Joe Dvorsky of the Texas Department of Public Safety testified that he had custody of appellant's driver's record, and that this record revealed that appellant had been issued a commercial operator's license which bore an expiration date of September 23, 1960.

The record further reflects that his license was suspended effective November 17, 1959, after a corporation court of Dallas, Texas, held a hearing at which appellant was found to be an habitual violator of the traffic laws as defined in Section 22, Article 6687b, V.A.T.S.

On August 30, 1960, a Dallas corporation court found that appellant had committed an offense for which his license could be automatically suspended, and the Department of Public Safety entered an order suspending appellant's license for an additional twelve-month period from November 17, 1960, until November 17, 1961.

Three subsequent automatic suspensions resulted from convictions for driving while license was suspended, as provided for by Section 24, Article 6687b, with the effect that appellant's license was purportedly under suspension until November 17, 1964, at the time he was arrested for the present offense.

Appellant stipulated that he had driven a motor vehicle upon a public street in Harris County, Texas, on October 4, 1964, and further stipulated that he had been previously convicted of driving while his license was suspended on May 22, 1963.

Appellant's one contention on appeal is that the evidence is insufficient to support his conviction. More specifically, the first two suspensions described above were ordered by the Department as a result of hearings held before the corporation court, and it is appellant's position that he had no notice that either hearing was to be held, and further that he was not notified of the results of either hearing or of the action taken by the Department. He argues that the Department, in ordering the suspension of his license without notice of the hearings or orders, exceeded the authority granted by Section 22 of Article 6687b, and these suspensions are therefore void. Consequently his commercial operator's license was not under suspension on September 23, 1960, when it expired. Appellant contends he has had no license since that date and that his conviction here, for driving while his license was suspended, is necessarily void, because one of the elements of proof -- that the accused possess a license which was suspended -- was not proven.

The facts necessary for determination of this issue are found in appellant's driver's record, which shows that notice of the first hearing held on November 17, 1959, was mailed to appellant by certified mail on November 3, 1959, and that this notice was returned to the Department undelivered and not receipted for. Following the hearing, the Department entered its order suspending appellant's license for one year effective November 17, 1959, and notice of the action taken by the Department was sent by certified mail to appellant at the address stated on his license. This notice was also returned to the Department undelivered and not receipted for. It is undisputed that appellant was...