Unreported / Non-Citable
Background
Larry Ashby appealed from a judgment of conviction for solicitation of prostitution entered by the 414th District Court of McLennan County, Texas. His sentence was imposed on July 23, 2026.
On September 1, 2026, Ashby filed a voluntary motion to dismiss the appeal. Both Ashby and his attorney signed the motion as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas Tenth Court of Appeals granted Ashby’s voluntary motion to dismiss.
Accordingly, the court dismissed the appeal under Texas Rule of Appellate Procedure 42.2(a), without addressing the merits of Ashby’s conviction.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal by filing a motion that complies with Texas Rule of Appellate Procedure 42.2(a).
- Ashby and his attorney both signed the dismissal motion.
- The court granted the motion and dismissed the appeal without reviewing the conviction’s merits.
Why It Matters
The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas criminal appeal. Because the dismissal was procedural, the decision establishes no ruling on the validity of Ashby’s conviction or sentence.