Unreported / Non-Citable
Background
Zachary David Johnson appealed from proceedings in the 435th District Court of Montgomery County, Texas. The memorandum opinion jointly addressed four appellate matters, including docket number 09-26-00042-CR.
Before the appellate court issued a decision in the appeals, Johnson moved to dismiss them. Johnson personally signed the request, and his attorney joined the motion.
The Court’s Holding
The Texas Ninth Court of Appeals granted Johnson’s motion and dismissed the appeals under Texas Rules of Appellate Procedure 42.2(a) and 43.2(f).
The court also withdrew its prior order dated August 24, 2026. It issued the dismissal in an unpublished per curiam memorandum opinion.
Key Takeaways
- A criminal appellant may move to dismiss an appeal before the appellate court issues its decision.
- Johnson personally signed the dismissal request, and his attorney joined it, satisfying the procedural requirements identified by the court.
- The court granted the motion, dismissed all four jointly addressed appeals, and withdrew its earlier order.
Why It Matters
The opinion illustrates the procedure for voluntarily ending a Texas criminal appeal before decision. It also confirms that the appellate court may dispose of such an appeal by dismissal when the appellant and counsel submit a compliant request.