Background
Jacob Daniel Howell appealed from a proceeding in the 97th District Court of Archer County, Texas. The Texas Second Court of Appeals issued a memorandum opinion and judgment in the appeal on July 16, 2026.
Howell later filed an agreed motion to dismiss the appeal after opinion under Texas Rule of Appellate Procedure 42.2(b). The State agreed to the motion.
The Court’s Holding
The court granted the agreed motion to dismiss. It withdrew the memorandum opinion and judgment that it had issued on July 16, 2026.
The court then dismissed the appeal under Texas Rules of Appellate Procedure 42.2(b) and 43.2(f). The per curiam memorandum opinion was designated “Do Not Publish.”
Key Takeaways
- An appellant may seek dismissal of a criminal appeal after an appellate opinion has issued under Texas Rule of Appellate Procedure 42.2(b).
- The State agreed to Howell’s motion to dismiss the appeal.
- The court withdrew its prior opinion and judgment before dismissing the appeal.
Why It Matters
The disposition illustrates the procedural effect of an agreed post-opinion dismissal in a Texas criminal appeal: the appellate court may withdraw its previously issued opinion and judgment and dismiss the appeal.