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Richard Prewitt v. State

Citation: Not availableDocket: 07-03-00341-CR

Court: Court of Appeals of Texas; September 12, 2003; Texas; State Appellate Court

Narrative Opinion Summary

Appellant Richard Prewitt filed a motion to dismiss his appeal against the State of Texas in case number 14648 from the 356th District Court of Hardin County. The motion, compliant with Rule 42.2(a) of the Texas Rules of Appellate Procedure, was signed by Prewitt. The Court of Appeals for the Seventh District of Texas, with Justices Johnson, Reavis, and Campbell presiding, granted the motion as no decision had been rendered. Consequently, the appeal is dismissed, and no motion for rehearing will be considered. The mandate will be issued immediately.

Legal Issues Addressed

Compliance with Texas Rules of Appellate Procedure

Application: The appellant's motion to dismiss was compliant with Rule 42.2(a) of the Texas Rules of Appellate Procedure, allowing the court to grant the dismissal.

Reasoning: The motion, compliant with Rule 42.2(a) of the Texas Rules of Appellate Procedure, was signed by Prewitt.

Immediate Issuance of Mandate

Application: Since the appeal was dismissed before a decision was rendered, the court ordered the mandate to be issued immediately, finalizing the dismissal process.

Reasoning: The Court of Appeals for the Seventh District of Texas, with Justices Johnson, Reavis, and Campbell presiding, granted the motion as no decision had been rendered. Consequently, the appeal is dismissed, and no motion for rehearing will be considered. The mandate will be issued immediately.

Voluntary Dismissal of Appeal

Application: The appellant, Richard Prewitt, filed a motion to dismiss his appeal voluntarily, and the court granted the motion as it complied with procedural rules.

Reasoning: Appellant Richard Prewitt filed a motion to dismiss his appeal against the State of Texas in case number 14648 from the 356th District Court of Hardin County.