Unreported / Non-Citable
Background
Jade Raven Hanna appealed from the 156th District Court of Live Oak County, Texas. On August 21, 2026, the Thirteenth Court of Appeals abated the appeal and remanded the case to the trial court because Hanna had not timely filed an appellate brief.
Hanna later indicated that she no longer wished to pursue the appeal and moved to dismiss it. Both Hanna and her attorney signed the written motion.
The Court’s Holding
The court concluded that the motion satisfied Texas Rule of Appellate Procedure 42.2(a), which requires both the appellant and counsel to sign a written motion seeking dismissal of a criminal appeal.
The court reinstated the appeal and granted the motion to dismiss. It expressly declined to address the merits of the underlying case and stated that, because the appeal was dismissed at Hanna’s request, it would not entertain a motion for rehearing.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal through a written motion signed by both the appellant and counsel.
- The court reinstated the previously abated appeal before dismissing it.
- The dismissal resolved only the appellate proceeding and did not involve a ruling on the merits.
Why It Matters
The memorandum opinion illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. When a dismissal motion complies with Rule 42.2(a), the appellate court may terminate the proceeding without reviewing the underlying conviction or other challenged ruling.