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Terry Lee Scott II v. State

Citation: Not availableDocket: 02-09-00170-CR

Court: Court of Appeals of Texas; December 16, 2009; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Second District of Texas has addressed Terry Lee Scott II's motion to dismiss his appeal in case number 2-09-170-CR against the State of Texas. The court found that the motion adheres to Rule 42.2(a) of the Texas Rules of Appellate Procedure and noted that no prior decision had been issued before the motion's receipt. Consequently, the court granted the motion and dismissed the appeal in accordance with Rule 43.2(f). The judgment was delivered on December 17, 2009, by a panel consisting of Justices Dauphinot, Gardner, and Walker, and is designated as not for publication.

Legal Issues Addressed

Dismissal of Appeal under Texas Rules of Appellate Procedure

Application: The court applied Rule 42.2(a) to dismiss the appeal upon the appellant's motion, as it was filed before any decision had been issued.

Reasoning: The court found that the motion adheres to Rule 42.2(a) of the Texas Rules of Appellate Procedure and noted that no prior decision had been issued before the motion's receipt.

Judgment of Dismissal

Application: The appeal was dismissed in accordance with Rule 43.2(f) of the Texas Rules of Appellate Procedure, as requested by the appellant.

Reasoning: Consequently, the court granted the motion and dismissed the appeal in accordance with Rule 43.2(f).