Unreported / Non-Citable
Background
Adan Gonzalez appealed from a proceeding in the 25th Judicial District Court of Guadalupe County, Texas. The trial-court case was No. 21-2439-CR-C, with Judge William D. Old III presiding.
While the appeal was pending, Gonzalez filed a motion asking the Fourth Court of Appeals to dismiss it. The court determined that the motion complied with Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The court granted Gonzalez’s motion and dismissed the appeal under Rule 42.2(a).
The memorandum opinion did not address the merits of Gonzalez’s appeal or disturb any aspect of the trial court’s judgment. It was designated “Do Not Publish.”
Key Takeaways
- A criminal appellant may seek voluntary dismissal in compliance with Texas Rule of Appellate Procedure 42.2(a).
- The court granted Gonzalez’s compliant motion and dismissed the appeal.
- The court issued no ruling on the merits of the underlying case.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas criminal appeal. Because the dismissal rested solely on the appellant’s request, the opinion establishes no substantive ruling concerning the underlying prosecution.