Unreported / Non-Citable
Background
Bryce Lonell Kinmon appealed six criminal matters arising from the 9th District Court in Montgomery County, Texas. The appeals covered trial-court cause numbers 23-04-05677, 24-04-05503, 24-08-11982, 25-01-01296, 25-01-01297, and 25-01-01300.
Before the appellate court issued a decision, Kinmon filed a motion asking the court to dismiss the appeals. He personally signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas Ninth Court of Appeals granted Kinmon’s motion and dismissed all six appeals. The court relied on Texas Rules of Appellate Procedure 42.2(a), governing voluntary dismissal in criminal cases, and 43.2(f), authorizing dismissal of an appeal.
The per curiam memorandum opinion did not address the merits of Kinmon’s underlying cases. It held only that dismissal was appropriate because Kinmon personally signed and timely filed his motion before the court decided the appeals.
Key Takeaways
- A criminal appellant may seek voluntary dismissal under Texas Rule of Appellate Procedure 42.2(a).
- The appellant must personally sign the dismissal motion.
- Because Kinmon filed a compliant motion before any appellate decision, the court dismissed all six appeals without reaching their merits.
Why It Matters
The opinion illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. A timely motion bearing the appellant’s own signature can permit dismissal before an appellate ruling issues.
The decision resolves only the appellate proceedings and establishes no merits ruling concerning the underlying criminal matters.