Unreported / Non-Citable
Background
Zachary David Johnson appealed in four criminal matters arising from the 435th District Court of Montgomery County, Texas. The appeals concerned Trial Cause Nos. 24-09-14560, 24-09-14561, 24-09-14562, and 24-09-14564.
Before the appellate court issued a decision, Johnson moved to dismiss the appeals under Texas Rule of Appellate Procedure 42.2(a). Johnson personally signed the dismissal request, and his attorney joined the motion. The court also withdrew its prior order dated August 24, 2026.
The Court’s Holding
The Texas Ninth Court of Appeals granted Johnson’s motion and dismissed all four appeals. The court determined that the request satisfied Rule 42.2(a) because it was personally signed by Johnson, joined by his attorney, and filed before an appellate decision issued.
The court dismissed the appeals under Texas Rule of Appellate Procedure 43.2(f). The memorandum opinion was issued per curiam and designated “Do Not Publish.”
Key Takeaways
- A criminal appellant may seek voluntary dismissal before the appellate court issues its decision.
- Johnson personally signed the dismissal request, and his attorney joined it, satisfying the requirements identified by the court.
- The court dismissed each of the four appeals and withdrew its earlier August 24, 2026 order.
Why It Matters
The opinion illustrates the procedural requirements for voluntarily dismissing a Texas criminal appeal. A timely request bearing the appellant’s personal signature and joined by counsel may result in dismissal before the appellate court reaches the merits.