Background
Jared Keith Follmer appealed the Harris County 174th District Court’s February 18, 2025 judgment and sentence in trial court cause number 1804100.
On October 2, 2026, Follmer filed a motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.2. He stated that he no longer wished to prosecute the appeal. Both Follmer and his attorney signed the motion, and the appellate court had not yet issued a decision.
The Court’s Holding
The Texas First Court of Appeals granted Follmer’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.2(a) and 43.2(f).
The court also denied all other pending motions as moot. The per curiam memorandum opinion was designated “do not publish.”
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal before the appellate court issues its decision by filing a written motion signed by both the appellant and counsel.
- The court dismissed Follmer’s appeal at his request without addressing the merits of his challenges to the judgment or sentence.
- All other pending motions became moot upon dismissal of the appeal.
Why It Matters
The decision illustrates the procedure for voluntarily ending a Texas criminal appeal under Rule 42.2(a). Because the court dismissed the matter on the appellant’s motion, the opinion establishes no merits ruling concerning the underlying conviction or sentence.