Background
William Robert Ersch appealed from a proceeding in the 216th Judicial District Court of Gillespie County, where Judge Albert D. Pattillo, III presided. The Fourth Court of Appeals docketed the matter as No. 04-26-00422-CR.
During the appeal, Ersch moved to dismiss it by withdrawing his notice of appeal. The State did not oppose the motion.
The Court’s Holding
In a per curiam memorandum opinion, the Fourth Court of Appeals granted Ersch’s unopposed motion under Texas Rule of Appellate Procedure 42.2(a).
The court dismissed the appeal. It did not address the merits of the underlying proceeding.
Key Takeaways
- A criminal appellant may seek voluntary dismissal by withdrawing the notice of appeal under Texas Rule of Appellate Procedure 42.2(a).
- The State did not oppose Ersch’s request to dismiss the appeal.
- The dismissal resolved only the appeal and produced no ruling on the underlying merits.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas criminal appeal. Once Ersch withdrew his notice of appeal and moved for dismissal without opposition, the appellate court granted the request and closed the case without substantive review.