Background
Bryce Lonell Kinmon appealed six criminal cases from the 9th District Court of Montgomery County, Texas. The appeals were docketed as Nos. 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 Texas Ninth Court of Appeals granted Kinmon’s motion. Because the personally signed motion was filed before the court decided the appeals, it satisfied the requirements for voluntary dismissal under Rule 42.2(a).
The court dismissed all six appeals under Texas Rule of Appellate Procedure 43.2(f). The memorandum opinion was issued per curiam and designated “Do Not Publish.”
Key Takeaways
- A criminal appellant may move to dismiss an appeal before the appellate court issues its decision.
- The appellant must personally sign a voluntary-dismissal motion under Texas Rule of Appellate Procedure 42.2(a).
- The court’s order disposed of all six appeals, Nos. 09-26-00086-CR through 09-26-00091-CR.
Why It Matters
The opinion illustrates the procedure for voluntarily ending a Texas criminal appeal. A timely motion personally signed by the appellant permits the appellate court to dismiss the appeal without reaching its merits.