Background
Luis Daniel Rodriguez was convicted of murder on July 29, 2026, in the 229th Judicial District Court of Duval County. He timely filed a notice of appeal on August 10, 2026.
While the appeal was pending, the trial court signed an order on September 28, 2026, granting Rodriguez a new trial under Texas Rule of Appellate Procedure 21. Rodriguez subsequently moved to dismiss his appeal. The motion was signed by his attorney and included Rodriguez’s signed statement agreeing to withdraw the appeal.
The Court’s Holding
The Fourth Court of Appeals held that Rodriguez’s motion substantially complied with Texas Rule of Appellate Procedure 42.2(a), which governs voluntary dismissal of criminal appeals. The court also noted that no appellate opinion had yet issued.
The court granted Rodriguez’s motion and dismissed the appeal. It did not address the merits of his murder conviction or the trial court’s order granting a new trial.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal by filing a motion that satisfies Texas Rule of Appellate Procedure 42.2(a).
- Rodriguez personally confirmed in a signed statement that he agreed to withdraw his appeal.
- The dismissal followed the trial court’s grant of a new trial and left the appellate court without occasion to reach the merits.
Why It Matters
The decision illustrates the procedural requirements for voluntarily ending a Texas criminal appeal: counsel’s motion should include the appellant’s written agreement, and dismissal remains available before an appellate opinion issues.
It also underscores that an appellate dismissal on the appellant’s motion is procedural and does not constitute a ruling on the validity of the underlying conviction or the trial court’s decision to grant a new trial.