Unreported / Non-Citable
Background
Zachary David Johnson appealed four matters from the 435th District Court in Montgomery County, Texas. The appeals arose from 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 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 concluded that the request satisfied Rule 42.2(a) because Johnson personally signed it, his attorney joined it, and it was filed before the court decided the appeals.
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 The memorandum opinion was issued per curiam and designated “Do Not Publish.”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 voluntarily dismiss an appeal by filing a personally signed request that counsel also signs or joins.
- The dismissal request must be filed before the appellate court issues its decision.
- The court withdrew its earlier order and dismissed each of Johnson’s four appeals without addressing their merits.
Why It Matters
The opinion illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. When an appellant and counsel comply with Rule 42.2(a) before a decision issues, the appellate court may dismiss the appeal without reaching the underlying claims.