Background
Brittany Gonzales was indicted on two counts of manslaughter in Lubbock County. On Count I, the trial court placed her on deferred-adjudication community supervision for five years. On Count II, the court convicted her of manslaughter and sentenced her to two years of confinement, to run concurrently with the community-supervision term.
Gonzales appealed but later moved to dismiss the appeal voluntarily. Both Gonzales and her attorney signed the motion, as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The Seventh Court of Appeals granted Gonzales’s motion and dismissed the appeal. The court noted that it had not yet issued a decision, permitting dismissal under Rule 42.2(a).
The court did not address the merits of Gonzales’s conviction, sentence, or deferred-adjudication disposition. It stated that no motion for rehearing would be entertained and directed that the mandate issue immediately.
Key Takeaways
- A criminal appellant may voluntarily dismiss an appeal before the appellate court issues its decision when the dismissal motion satisfies Rule 42.2(a).
- The dismissal motion was effective because both Gonzales and her attorney signed it.
- The dismissal left the trial court’s dispositions undisturbed and produced no appellate ruling on their merits.
Why It Matters
The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas criminal appeal before decision. Because the court dismissed the case without reaching the merits, the opinion establishes no substantive ruling concerning the manslaughter conviction or punishment.