Background
James Thomas Reed appealed from a proceeding in the 175th Judicial District Court of Bexar County, where Judge Catherine Torres-Stahl presided. The appellate court’s memorandum opinion does not describe the underlying charge, judgment, or grounds for appeal.
On July 30, 2026, Reed moved to dismiss his appeal. He also requested expedited issuance of the appellate mandate.
The Court’s Holding
The Texas Fourth Court of Appeals granted Reed’s motion and dismissed the appeal. The court found that the motion complied with Texas Rule of Appellate Procedure 42.2(a), which requires both the appellant and the appellant’s attorney to sign a motion to dismiss a criminal appeal.
The court also granted Reed’s request to expedite the mandate. Citing Texas Rule of Appellate Procedure 18.1(c), it instructed the clerk to issue the mandate immediately.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal through a motion satisfying Texas Rule of Appellate Procedure 42.2(a).
- The dismissal motion must be signed by both the appellant and the appellant’s attorney.
- The court may expedite issuance of the mandate and direct the clerk to issue it immediately.
Why It Matters
The decision illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. It also confirms that an appellant may seek immediate issuance of the mandate when prompt finality is desired.