Background
Kenneth Ray Acorn, II was convicted in the 32nd District Court (Nolan County) of assault of a pregnant person, a third-degree felony under Texas Penal Code § 22.01(b)(8). The trial court assessed punishment at three years’ imprisonment in the Institutional Division of the Texas Department of Criminal Justice.
Acorn appealed his conviction to the Eleventh Court of Appeals. However, rather than pursue the appeal to conclusion, Acorn filed a motion to dismiss the appeal, signed by both Acorn and his attorney in accordance with Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Eleventh Court of Appeals granted Acorn’s motion to dismiss the appeal. The court order was issued as a memorandum opinion and will not be published, consistent with Texas Rule of Appellate Procedure 47.2(b).
Key Takeaways
- An appellant has the right to dismiss his own appeal by filing a motion signed by both the appellant and counsel.
- The grant of a motion to dismiss appeal leaves the underlying conviction and sentence intact.
- This is a non-published memorandum opinion addressing only procedural disposition.
Why It Matters
This decision illustrates the procedural mechanics of appellate practice in Texas, where appellants may choose to terminate their appeals at any stage. While the opinion does not establish substantive law, it reflects the routine application of Texas appellate rules permitting appellants to abandon their appeals through proper motion procedure.