Background
Dennis Dewayne Henderson appealed a judgment convicting him of habitual possession of a controlled substance. The 54th District Court of McLennan County, with Judge Gina Long presiding, signed the judgment on July 28, 2026.
On August 11, 2026, Henderson filed a voluntary motion to dismiss his appeal. Both Henderson and his attorney signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas Tenth Court of Appeals granted Henderson’s motion to voluntarily dismiss the appeal.
Because Henderson properly requested dismissal under Rule 42.2(a), the court dismissed the appeal without addressing the merits of his conviction.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal by filing a motion that complies with Texas Rule of Appellate Procedure 42.2(a).
- Henderson and his attorney both signed the voluntary-dismissal motion.
- The court granted the motion and dismissed the appeal without reviewing the merits of the conviction.
Why It Matters
The decision illustrates the procedural requirements and immediate consequence of voluntarily dismissing a Texas criminal appeal. Once the court granted Henderson’s compliant motion, appellate review ended without a ruling on any potential challenge to the conviction.