Background
Zachary David Johnson appealed four criminal matters from the 435th District Court in Montgomery County, Texas. The appeals arose from Trial Cause Nos. 24-09-14560, 24-09-14561, 24-09-14562, and 24-09-14564.
Before the appellate court issued a decision, Johnson moved to dismiss the appeals under Texas Rule of Appellate Procedure 42.2(a). Johnson personally signed the request, and his attorney joined the motion. The court also withdrew its August 24, 2026 order.
The Court’s Holding
The Ninth Court of Appeals granted Johnson’s motion and dismissed all four appeals. The court concluded that the motion satisfied Rule 42.2(a) because Johnson personally signed it, counsel joined it, and it was filed before the court decided the appeals.
The court dismissed the appeals under Texas Rule of Appellate Procedure 43.2(f). It did not address the merits of the underlying criminal cases.
Key Takeaways
- A criminal appellant may seek voluntary dismissal before the appellate court issues its decision.
- The dismissal request must be personally signed by the appellant and comply with Texas Rule of Appellate Procedure 42.2(a).
- The dismissal ended all four appeals without a ruling on their merits.
Why It Matters
The memorandum opinion illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. Once Johnson and his counsel submitted a compliant, timely motion, the appellate court granted dismissal rather than resolving the substantive issues raised by the appeals.