Unreported / Non-Citable
Background
Shelton Ray Davison brought two appeals, docketed as Nos. 04-26-00383-CR and 04-26-00384-CR, arising from the 175th Judicial District Court of Bexar County. The Fourth Court of Appeals previously consolidated the appeals.
On July 10, 2026, Davison, through counsel, filed motions asking the appellate court to dismiss both appeals. Texas Rule of Appellate Procedure 42.2(a) permits dismissal of a criminal appeal on the appellant’s motion before the appellate court issues its decision, provided the appellant and counsel sign and properly file the motion.
The Court’s Holding
In a per curiam memorandum opinion, the Fourth Court of Appeals concluded that Davison’s motions complied with Rule 42.2(a).
The court therefore granted the motions and dismissed both consolidated appeals. The memorandum opinion was designated “Do Not Publish.”
Key Takeaways
- A criminal appellant may seek voluntary dismissal before the appellate court issues its decision.
- The appellant’s dismissal motions satisfied the requirements of Texas Rule of Appellate Procedure 42.2(a).
- The court dismissed both consolidated appeals, Nos. 04-26-00383-CR and 04-26-00384-CR.
Why It Matters
The decision illustrates the straightforward application of Rule 42.2(a): when a represented criminal appellant submits compliant motions to dismiss before decision, the appellate court may terminate the appeals without reaching their merits.