Unreported / Non-Citable
Background
Bryce Lonell Kinmon appealed six criminal cases from the 9th District Court of Montgomery County, Texas. The appeals arose from Trial Cause Nos. 23-04-05677, 24-04-05503, 24-08-11982, 25-01-01296, 25-01-01297, and 25-01-01300.
Before the appellate court issued a decision, Kinmon filed a motion to dismiss the appeals under Texas Rule of Appellate Procedure 42.2(a). Kinmon personally signed the motion.
The Court’s Holding
The Ninth Court of Appeals granted Kinmon’s motion and dismissed all six appeals. The court relied on Texas Rules of Appellate Procedure 42.2(a) and 43.2(f).
The memorandum opinion did not address the merits of Kinmon’s underlying criminal cases. The dismissal rested solely on his timely, personally signed request to withdraw the appeals.
Key Takeaways
- A criminal appellant may move to dismiss an appeal before the appellate court issues its decision.
- Kinmon personally signed the dismissal motion, as required by the governing appellate rule.
- The court dismissed the appeals without deciding any issue concerning the underlying cases.
Why It Matters
The opinion illustrates the procedure for voluntarily ending a Texas criminal appeal. When the appellant personally signs a dismissal motion and submits it before a decision issues, the appellate court may grant the request and dismiss the appeal without reaching the merits.