Unreported / Non-Citable
Background
Samuel M. Salazar appealed from a proceeding in the 2nd 25th Judicial District Court of Guadalupe County, where Judge Jessica Crawford presided. The appellate court’s memorandum opinion does not describe the underlying charge, judgment, or issues that Salazar initially sought to raise.
Salazar subsequently filed a motion asking the Fourth Court of Appeals to dismiss the appeal. Both Salazar and his attorney signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Fourth Court of Appeals granted Salazar’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.2(a).
The court did not address the merits of the underlying criminal case or any potential appellate claims. Its disposition was limited to granting the appellant’s properly signed request for voluntary dismissal.
Key Takeaways
- A criminal appellant may seek voluntary dismissal under Texas Rule of Appellate Procedure 42.2(a).
- The dismissal motion was signed by both Salazar and his attorney.
- The court dismissed the appeal without deciding any substantive issue.
Why It Matters
The decision illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. When the appellant and counsel both sign a compliant dismissal motion, the appellate court may grant the request without reaching the merits.