Background
The 32nd District Court of Nolan County convicted Christopher Ross Bryant of theft, a state jail felony, and cruelty to nonlivestock animals, a third-degree felony. Bryant filed a notice of appeal from each judgment of conviction.
Bryant later filed an unopposed motion to dismiss in each appellate cause. Each motion was signed by Bryant and his attorney in accordance with Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Texas Eleventh Court of Appeals granted Bryant’s motions and dismissed both appeals.
The memorandum opinion did not address the merits of either conviction. It disposed of the cases solely on Bryant’s properly signed, unopposed requests for voluntary dismissal.
Key Takeaways
- A criminal appellant may move to dismiss an appeal under Texas Rule of Appellate Procedure 42.2(a).
- Bryant and his attorney both signed the motions, satisfying the procedural requirement identified by the court.
- The court dismissed both appeals without reviewing the merits of the theft or animal-cruelty convictions.
Why It Matters
The decision illustrates the straightforward application of Texas’s rule governing voluntary dismissal of criminal appeals. Once the court granted Bryant’s compliant motions, the appellate proceedings ended without a ruling on any substantive challenge to the convictions.