Summary
The Thirteenth Court of Appeals of Texas granted the appellant’s motion to withdraw the criminal appeal after trial court findings indicated that the appellant did not wish to prosecute and that the notice of appeal was mistakenly filed. The court suspended the signature requirement for good cause, reinstated the appeal, and dismissed it without reaching the merits.
Topics
Practice areas
Questions Presented
- Whether the court should suspend the requirement that a motion to dismiss a criminal appeal be signed by both appellant and counsel.
- Whether the appeal should be dismissed after the trial court found that appellant did not wish to prosecute it and that the notice of appeal was mistakenly filed.
Holdings
- For good cause and based on the trial court's findings following abatement, the court may suspend the requirement that the appellant sign a motion to withdraw or dismiss a criminal appeal.
- The appeal was dismissed after the court granted appellant's motion to withdraw, without deciding the merits.
Key quotations
“Accordingly, the appeal is hereby reinstated, the motion to withdraw appeal is granted, and, without passing on the merits of the case, the appeal is hereby dismissed.” (at 2)
Factual background
Appellant filed a notice of appeal from a criminal judgment of conviction but later failed to file an appellate brief. Following abatement, the trial court found that appellant did not wish to prosecute the appeal and that the notice of appeal had apparently been filed mistakenly. Appellant's motion to withdraw the appeal was not signed by both appellant and counsel.
Procedural history
On December 8, 2025, appellant filed a notice of appeal from a judgment of conviction in Bee County trial court cause number CR2502056. After appellant failed to file a brief, the court of appeals abated the appeal and remanded for findings concerning appellant's desire to prosecute, possible abandonment, and potential ineffective assistance. Based on the trial court's findings, the appellate court reinstated the appeal, suspended the requirement that appellant sign the motion to withdraw, granted the motion, and dismissed the appeal without reaching the merits.