Unreported / Non-Citable
Background
Randall Baugh Johns was convicted in Tarrant County Criminal Court of driving while intoxicated in violation of Texas Penal Code § 49.04. The trial court sentenced him to 180 days in Tarrant County Jail, suspended in favor of community supervision. Johns appealed his conviction to the Court of Appeals, which was initially assigned to the Second Court of Appeals but transferred to the Seventh District pursuant to the Texas Supreme Court’s docket equalization efforts.
The Court’s Holding
While the appeal was pending, Johns filed a motion to voluntarily dismiss the appeal. The motion was signed by both Johns and his attorney, satisfying the requirements of Texas Rule of Appellate Procedure 42.2(a). Because no decision on the merits had been issued at the time the motion was filed, the court granted the motion to dismiss. The court further stated that no motion for rehearing would be entertained and that the court’s mandate would issue immediately.
Key Takeaways
- An appellant may voluntarily dismiss an appeal at any time before the court issues a decision on the merits.
- A motion to voluntarily dismiss must be signed by both the appellant and counsel to be valid.
- Upon dismissal before decision, the underlying conviction and sentence remain in effect.
Why It Matters
This opinion illustrates a common procedural mechanism in appellate practice whereby parties may abandon appeals before the appellate court reaches a decision. Johns’s voluntary dismissal means his DWI conviction and suspended sentence remain undisturbed. The decision reflects the appellate court’s role in facilitating efficient case resolution when parties elect to terminate appeals.