Unreported / Non-Citable
Background
Francisco D. Robleto Madrigal appealed from a proceeding in Bexar County Court at Law No. 7, where the Honorable Michael Denton presided. The appellate court’s memorandum opinion does not describe the underlying charge, judgment, or grounds for appeal.
On August 14, 2026, Madrigal filed a motion asking the Fourth Court of Appeals to dismiss his appeal. The court considered whether the motion complied with Texas Rule of Appellate Procedure 42.2(a), which requires both the appellant and the appellant’s attorney to sign a motion for voluntary dismissal in a criminal case.
The Court’s Holding
The Fourth Court of Appeals held that Madrigal’s motion satisfied Rule 42.2(a) because it was signed by both Madrigal and his attorney.
The court therefore granted the motion and dismissed the appeal. The per curiam memorandum opinion was designated “Do Not Publish.”
Key Takeaways
- A criminal appellant may seek voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.2(a).
- The dismissal motion must be signed by both the appellant and the appellant’s attorney.
- Because Madrigal’s motion met those requirements, the court granted it and dismissed the appeal without addressing the merits.
Why It Matters
The decision illustrates the straightforward procedural mechanism for voluntarily ending a Texas criminal appeal. When the appellant and counsel submit a motion that satisfies Rule 42.2(a), the appellate court may grant the request without reaching any substantive appellate issues.