Background
Alejandro Santiago Toscano appealed from a proceeding in Tarrant County Criminal Court No. 6, trial court number 1889928.
Before the Texas Second Court of Appeals decided the case, Toscano moved to dismiss his own appeal.
The Court’s Holding
The court granted Toscano’s motion and dismissed the appeal. It relied on Texas Rules of Appellate Procedure 42.2(a) and 43.2(f), which address voluntary dismissal in criminal cases and dismissal as an appellate judgment.
The memorandum opinion did not address the merits of Toscano’s appeal or disturb the trial court’s judgment. The opinion was issued per curiam and designated “Do Not Publish.”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 decides the case.
- The court granted Toscano’s request and dismissed the appeal without reaching its merits.
- The court designated the per curiam memorandum opinion for nonpublication.
Why It Matters
The decision is a straightforward application of Texas appellate procedure: when a criminal appellant requests dismissal before decision, the appellate court may terminate the appeal without resolving any substantive claims.