Background
Bryce Lonell Kinmon appealed six matters arising from the 9th District Court of Montgomery County, Texas. The Ninth Court of Appeals considered the matters together under appellate docket numbers 09-26-00086-CR through 09-26-00091-CR.
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 court granted Kinmon’s motion and dismissed all six appeals. It relied on Rule 42.2(a), which governs an appellant’s voluntary dismissal of a criminal appeal, and Rule 43.2(f), which authorizes an appellate court to dismiss an appeal.
The memorandum opinion did not address the merits of Kinmon’s underlying cases. The court designated the opinion per curiam and “Do Not Publish.”
Key Takeaways
- A criminal appellant may move to dismiss an appeal before the appellate court issues its decision.
- The dismissal motion must be personally signed by the appellant, as Kinmon’s motion was.
- The court dismissed the consolidated appeals without reaching their merits.
Why It Matters
The decision illustrates the procedure for voluntarily ending a Texas criminal appeal. When an appellant submits a personally signed motion before a decision issues, the appellate court may grant the request and dismiss the appeal without considering the underlying claims.