Unreported / Non-Citable
Background
Don Bullard was a criminal defendant in Denton County, Texas, with two cases pending in the 158th District Court (Trial Court Nos. F24-3610-362 and F25-4445-158). He appealed both convictions or rulings to the Texas Second Court of Appeals in Fort Worth.
Before the appellate court issued any decision on the merits, Bullard filed a motion asking the court to dismiss his own appeals. No further factual background regarding the underlying offenses or charges is detailed in the court’s opinion.
The Court’s Holding
The Second Court of Appeals granted Bullard’s motion and dismissed both appeals pursuant to Texas Rule of Appellate Procedure 42.2(a), which permits an appellant in a criminal case to voluntarily dismiss an appeal before the court has issued a decision, and Rule 43.2(f), which governs the form of the resulting judgment.
Because the court had not yet ruled on the merits of either case, it had authority to grant the dismissal. The per curiam opinion is marked “Do Not Publish” under Texas Rule of Appellate Procedure 47.2(b), reflecting its purely procedural nature.
Key Takeaways
- An appellant in a Texas criminal case may move to voluntarily dismiss a pending appeal at any time before the appellate court issues its decision, under Tex. R. App. P. 42.2(a).
- Once such a motion is filed and the court has not yet ruled, the appellate court is authorized to grant dismissal and enter judgment accordingly under Tex. R. App. P. 43.2(f).
- The opinion contains no analysis of the underlying criminal charges or merits; the dismissal is entirely procedural and leaves the trial court judgments intact.
Why It Matters
While procedurally routine, this case is a useful reminder that Texas criminal defendants retain the right to abandon their appeals voluntarily — a strategic choice that may reflect plea negotiations, reconsideration of appellate strategy, or other factors occurring after the notice of appeal is filed. Practitioners should be aware that exercising this right forfeits appellate review and leaves the trial court’s judgment in place.
The unpublished, per curiam disposition means the case carries no precedential weight under Texas rules, but it illustrates the straightforward operation of the voluntary-dismissal mechanism in the Texas Rules of Appellate Procedure.