Unreported / Non-Citable
Background
Danny Lopez appealed from a case in the 36th District Court of San Patricio County, Texas. While the appeal was pending, Lopez moved to dismiss it voluntarily.
The motion was signed by both Lopez and his counsel. The Thirteenth Court of Appeals determined that it satisfied the requirements for voluntary dismissal of a criminal appeal under Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The court granted Lopez’s motion and dismissed the appeal without addressing the merits of the underlying case.
Because the appeal was dismissed at Lopez’s request, the court stated that it would not entertain a motion for rehearing.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal through a motion satisfying Texas Rule of Appellate Procedure 42.2(a).
- The signatures of both Lopez and his counsel met the rule’s requirements.
- The dismissal resolved only the appeal and did not constitute a ruling on the merits.
Why It Matters
The memorandum opinion illustrates the procedure and immediate consequence of voluntarily dismissing a Texas criminal appeal: the appellate proceeding ends without merits review, and the court will not consider rehearing after dismissal at the appellant’s request.