Background
Bryce Lonell Kinmon appealed matters arising from six trial-court cases in the 9th District Court of Montgomery County, Texas.
Before the appellate court issued a decision, Kinmon filed a motion to dismiss the appeals under Texas Rule of Appellate Procedure 42.2(a). Kinmon personally signed the motion.
The Court’s Holding
The Texas Ninth Court of Appeals granted Kinmon’s motion and dismissed all six appeals.
The court relied on Rules 42.2(a), governing an appellant’s voluntary dismissal of a criminal appeal before decision, and 43.2(f), authorizing dismissal as an appellate disposition. The court did not address the merits of the underlying cases.
Key Takeaways
- A criminal appellant may move to dismiss an appeal before the appellate court issues its decision.
- The appellant must personally sign the dismissal motion.
- A voluntary dismissal ends the appeal without an appellate ruling on the merits.
Why It Matters
The memorandum opinion illustrates the procedure for voluntarily terminating a Texas criminal appeal. Because the court dismissed the appeals at Kinmon’s request, it resolved no substantive issue concerning his underlying cases.