Summary
The Seventh District Court of Appeals of Texas granted Ali Mohamed Musleh’s motion to voluntarily dismiss his appeal from a conviction for online solicitation of a minor and a ten-year sentence. Because the motion complied with Texas Rule of Appellate Procedure 42.2(a) and no decision had issued, the court dismissed the appeal and ordered its mandate to issue forthwith.
Topics
Practice areas
Questions Presented
- Whether the appeal should be voluntarily dismissed when the appellant and his attorney jointly signed a dismissal motion before the court issued a decision.
Holdings
- The court granted the appellant's motion to voluntarily dismiss the appeal because the motion complied with Texas Rule of Appellate Procedure 42.2(a) and no decision had been issued.
Factual background
Appellant was convicted of online solicitation of a minor and sentenced to ten years of confinement. While the appeal was pending and before the appellate court issued a decision, he sought voluntary dismissal with a motion signed by both him and his attorney.
Procedural history
Musleh appealed his conviction and ten-year sentence from the 78th District Court of Wichita County. The appeal was transferred from the Second Court of Appeals to the Seventh Court of Appeals under the Texas Supreme Court's docket-equalization authority. Before the appellate court issued a decision, Musleh and his attorney jointly signed a motion to voluntarily dismiss the appeal.