Unreported / Non-Citable
Background
Evan Walter Thompson brought an accelerated appeal from proceedings in the 356th District Court of Hardin County, Texas, in Trial Cause No. 30096.
Before the Ninth Court of Appeals issued an opinion on the merits, Thompson moved to dismiss the appeal under Texas Rule of Appellate Procedure 42.2(a). The motion was personally signed by both Thompson and his attorney, as that rule requires.
The Court’s Holding
The court granted Thompson’s motion and dismissed the appeal. It relied on Texas Rules of Appellate Procedure 42.2(a), governing an appellant’s voluntary dismissal in a criminal case, and 43.2(f), authorizing an appellate court to dismiss an appeal.
The memorandum opinion did not address the merits of Thompson’s underlying claims or the district court proceedings. The only disposition was dismissal at Thompson’s request.
Key Takeaways
- A criminal appellant may seek voluntary dismissal by filing a written motion signed by both the appellant and counsel.
- Thompson filed his dismissal motion before the appellate court issued an opinion.
- The court granted the motion and dismissed the accelerated appeal without reaching its merits.
Why It Matters
The decision illustrates the procedure for voluntarily ending a Texas criminal appeal. When the requirements of Rule 42.2(a) are met before an opinion issues, the appellate court may grant the request and dismiss the appeal.