Unreported / Non-Citable
Background
Shelton Ray Davison, represented by counsel, had two appeals pending before the Texas Fourth Court of Appeals. The court had previously consolidated the appeals, which arose from the 175th Judicial District Court in Bexar County.
On July 10, 2026, Davison filed motions asking the appellate court to dismiss both appeals. Texas Rule of Appellate Procedure 42.2(a) permits dismissal of a criminal appeal on the appellant’s motion before the appellate court issues its decision, provided the written motion satisfies the rule’s signature and filing requirements.
The Court’s Holding
The Fourth Court of Appeals held that Davison’s motions complied with Texas Rule of Appellate Procedure 42.2(a).
The court therefore granted the motions and dismissed both consolidated appeals. The per curiam memorandum opinion did not address the merits of Davison’s underlying cases.
Key Takeaways
- A criminal appellant may seek voluntary dismissal before the appellate court issues its decision.
- The appellant and counsel must comply with Rule 42.2(a)’s requirements for a written motion to dismiss.
- Because Davison’s motions complied with the rule, the court dismissed both consolidated appeals without reaching their merits.
Why It Matters
The decision illustrates the straightforward application of Texas Rule of Appellate Procedure 42.2(a) when a represented criminal appellant elects to abandon pending appeals. Once the court confirmed compliance with the rule, dismissal followed without substantive review of the underlying proceedings.