Background
Anthony Hollins appealed a September 25, 2025 judgment and sentence entered by the 209th District Court of Harris County, Texas, in trial court case number 1871302.
On July 8, 2026, Hollins moved to dismiss the appeal under Texas Rule of Appellate Procedure 42.2. The motion stated that, after discussing the appeal with counsel, Hollins believed it was no longer warranted and requested dismissal. Hollins and his attorney both signed the motion, and the Court of Appeals had not yet issued a decision.
The Court’s Holding
The Texas First Court of Appeals granted Hollins’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.2(a) and 43.2(f). The court issued its ruling in an unsigned per curiam memorandum opinion.
The court also denied all other pending motions as moot. It did not address the merits of Hollins’s conviction, sentence, or any appellate claims.
Key Takeaways
- A criminal appellant may seek voluntary dismissal before the appellate court issues its decision when the appellant and counsel sign the written motion.
- The court dismissed Hollins’s appeal at his request without reaching its merits.
- Dismissal rendered all other pending motions moot.
Why It Matters
The opinion illustrates the procedural requirements and effect of voluntarily dismissing a Texas criminal appeal under Rule 42.2(a). Once the court granted Hollins’s properly signed request, the appellate proceeding ended without substantive review of the trial court’s judgment or sentence.