Background
Don William Dubose appealed from a proceeding in the 454th Judicial District Court of Medina County, Texas, where Judge Daniel J. Kindred presided. The appellate court’s memorandum opinion does not describe the underlying charge, judgment, or grounds for appeal.
Dubose filed a motion asking the Fourth Court of Appeals to dismiss his appeal. The court determined that the motion complied with Texas Rule of Appellate Procedure 42.2(a), which governs an appellant’s voluntary dismissal of a criminal appeal.
The Court’s Holding
The Fourth Court of Appeals granted Dubose’s motion to dismiss. It therefore dismissed the appeal under Texas Rule of Appellate Procedure 42.2(a).
The per curiam opinion did not address the merits of the appeal or review any ruling by the trial court. The disposition rested solely on Dubose’s compliant request for voluntary dismissal.
Key Takeaways
- A criminal appellant may seek voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.2(a).
- The court granted Dubose’s motion after finding that it complied with the applicable rule.
- The appeal was dismissed without any decision on its merits.
Why It Matters
The decision illustrates the procedural effect of a compliant voluntary-dismissal motion in a Texas criminal appeal: the appellate proceeding ends without substantive review of the trial court’s judgment or the appellant’s potential claims.