Unreported / Non-Citable
Background
John Mark Terrell appealed from proceedings in the 183rd District Court of Harris County, Texas, under trial court case number 1654965.
Terrell subsequently moved to dismiss his appeal. Both Terrell and his counsel signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas First Court of Appeals granted Terrell’s motion and dismissed the appeal under Rule 42.2(a).
The court also dismissed all pending motions as moot. It designated the memorandum opinion “Do Not Publish” under Texas Rule of Appellate Procedure 47.2(b).
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal through a motion complying with Texas Rule of Appellate Procedure 42.2(a).
- Terrell and his counsel both signed the dismissal motion.
- Dismissal of the appeal rendered all pending motions moot.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily terminating a Texas criminal appeal. Because the court dismissed the appeal at Terrell’s request, it did not address the merits of his underlying case.