Unreported / Non-Citable
Background
Tanner James Alphin appealed a Tarrant County district court judgment adjudicating him guilty of assault under Texas Penal Code § 22.01(a)(1) and sentencing him to 300 days in the Tarrant County Jail.
The appeal was originally filed in the Texas Second Court of Appeals and transferred to the Seventh Court of Appeals through the Texas Supreme Court’s docket-equalization process. Before the appellate court issued a decision, Alphin moved to dismiss his appeal voluntarily.
The Court’s Holding
The Seventh Court of Appeals granted Alphin’s motion and dismissed the appeal. The court noted that the motion complied with Texas Rule of Appellate Procedure 42.2(a) because both Alphin and his attorney had signed it.
Because the court had not yet issued a decision, voluntary dismissal was available. The court stated that it would not entertain a motion for rehearing and directed that its mandate issue immediately.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal before the appellate court issues its decision.
- The dismissal motion must be signed by both the appellant and the appellant’s attorney.
- The dismissal left the trial court’s judgment adjudicating Alphin guilty and imposing a 300-day jail sentence undisturbed.
Why It Matters
The memorandum opinion illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. When the appellant and counsel submit a properly signed motion before a decision issues, the appellate court may dismiss the proceeding without addressing the merits.