Background
Edgar Manuel Hernandez appealed his conviction for possession of a controlled substance and his sentence of ten years’ confinement. The appeal arose from the 108th District Court of Potter County, where the Honorable Timothy G. Pirtle presided.
While the appeal was pending, Hernandez moved to dismiss it voluntarily. Both Hernandez and his attorney signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas Seventh Court of Appeals granted Hernandez’s motion and dismissed the appeal. The court explained that the motion satisfied Rule 42.2(a) and that the court had not yet issued a decision.
The court stated that it would not entertain a motion for rehearing and directed that its mandate issue immediately.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal by filing a motion signed by both the appellant and counsel.
- The court granted dismissal because the motion complied with Rule 42.2(a) and no appellate decision had issued.
- The dismissal ended the appeal without review of the conviction or ten-year sentence, and the mandate was ordered to issue immediately.
Why It Matters
The memorandum opinion illustrates the procedural requirements and immediate consequences of voluntarily dismissing a Texas criminal appeal. Because the court dismissed on the appellant’s motion, it did not address the merits of Hernandez’s conviction or sentence.