Background
The trial court convicted Christopher Ross Bryant of theft, a state jail felony, and cruelty to nonlivestock animals, a third-degree felony. The convictions arose from Trial Court Cause Nos. 15671 and 15672 in the 32nd District Court of Nolan County, Texas.
Bryant filed a notice of appeal from each judgment of conviction. He later filed an unopposed motion to dismiss in each appellate cause. Both motions were signed by Bryant and his attorney as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Eleventh Court of Appeals granted Bryant’s motions and dismissed both appeals.
The court did not address the merits of either conviction. Its disposition rested solely on Bryant’s properly executed requests for voluntary dismissal.
Key Takeaways
- A criminal appellant may seek voluntary dismissal by filing a written motion signed by both the appellant and counsel.
- Bryant’s dismissal motions were unopposed and complied with Texas Rule of Appellate Procedure 42.2(a).
- The court dismissed both appeals without reviewing the merits of the underlying theft and animal-cruelty convictions.
Why It Matters
The decision illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. When the appellant and counsel sign a compliant dismissal motion, the appellate court may terminate the appeal without deciding any substantive challenge to the conviction.