Unreported / Non-Citable
Background
Richard Williams appealed from a proceeding in the 188th District Court of Gregg County, Texas, under trial court cause number 56396-A.
Williams later moved to voluntarily dismiss the appeal. Both Williams and his appellate counsel signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas Sixth Court of Appeals held that Williams’s motion complied with Rule 42.2(a) because it was signed by both the appellant and his attorney.
The court granted the motion and dismissed the appeal. The memorandum opinion did not address the merits of Williams’s underlying case.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal by filing a written motion that complies with Texas Rule of Appellate Procedure 42.2(a).
- Williams and his appellate counsel both signed the dismissal motion.
- The court granted the motion and dismissed the appeal without reaching its merits.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas criminal appeal. When the appellant and counsel submit a compliant motion, the appellate court may grant it and dismiss the proceeding without reviewing the underlying claims.