Ex parte Tobar-Castillo — Texas appeals court granted appellant’s motion and dismissed his appeal

Case
Ex parte Carlos Joscemar Tobar-Castillo
Court
Texas Fourth Court of Appeals
Judge
Rebeca C. Martinez (elected 2012); Lori Massey Brissette (Greg Abbott, 2024); Velia J. Meza (elected 2024)
Date Decided
October 28, 2026
Docket No.
04-26-00722-CR
Topics
Criminal Appeals, Voluntary Dismissal, Appellate Procedure
Source
Read the full opinion

Background

Carlos Joscemar Tobar-Castillo appealed from a proceeding in the 365th Judicial District Court of Zavala County, Texas. The appellate court’s memorandum opinion does not describe the underlying claims or the trial court’s ruling.

Before the appellate court issued an opinion, Tobar-Castillo moved to dismiss his appeal. Both Tobar-Castillo and his counsel signed the motion.

The Court’s Holding

The Texas Fourth Court of Appeals held that the motion complied with Texas Rule of Appellate Procedure 42.2(a), which governs voluntary dismissal in criminal cases.

The court granted the motion and dismissed the appeal. It also dismissed all other pending motions as moot.

Key Takeaways

  • A criminal appellant may seek voluntary dismissal under Texas Rule of Appellate Procedure 42.2(a).
  • The court found the dismissal motion sufficient because it was signed by both Tobar-Castillo and his counsel.
  • Dismissal of the appeal rendered all other pending motions moot.

Why It Matters

The disposition illustrates the procedural requirements for voluntarily ending a Texas criminal appeal before an appellate opinion issues. Because the court dismissed the appeal at the appellant’s request, it did not address the merits of the underlying proceeding.

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