Unreported / Non-Citable
Background
Brianna Denise Cobos appealed from a case in Jefferson County Court at Law No. 2. After her appellate brief was not filed, the Ninth Court of Appeals abated the appeal on July 21, 2026, so the trial court could determine the reason for the omission under Texas Rule of Appellate Procedure 38.8(b).
At an August 14, 2026 hearing, Cobos personally informed the trial court that she did not want to pursue the appeal. Her appellate counsel attended and joined her request for dismissal. After receiving the supplemental reporter’s record from that hearing, the appellate court reinstated the appeal.
The Court’s Holding
The court found that Cobos had voluntarily abandoned her appeal. Both Cobos and her attorney had stated in open court that she no longer wished to proceed, and the appellate court had not yet issued an opinion.
Applying Texas Rule of Appellate Procedure 2, the court dispensed with the signature requirement ordinarily applicable to voluntary dismissal. It then dismissed the appeal under Rules 42.2 and 43.2(f).
Key Takeaways
- A criminal appellant may voluntarily abandon an appeal before the appellate court issues its opinion.
- An appellant’s and counsel’s statements in open court can establish the appellant’s desire to dismiss the appeal.
- The appellate court may invoke Rule 2 to dispense with the written-signature requirement for voluntary dismissal.
Why It Matters
The decision illustrates the procedure Texas appellate courts may use when a criminal appellant fails to file a brief and later confirms that she no longer wishes to appeal. A trial-court hearing and supplemental record can provide the basis for finding voluntary abandonment and dismissing the appeal.