Narrative Opinion Summary
Kenneth Howell Kirk was convicted of two counts of Fraudulent Use of Identifying Information and one count of Theft from the Elderly, as defined under Texas Penal Code Ann. 31.03(f)(3) and 32.51. Following his conviction, he filed a notice of appeal but subsequently submitted a Motion to Dismiss Appeal, which he personally signed. The court granted this motion, resulting in the dismissal of the appeal in accordance with Texas Rule of Appellate Procedure 42.2(a). The opinion was delivered and filed on April 1, 2009.
Legal Issues Addressed
Dismissal of Appeal under Texas Rule of Appellate Procedure 42.2(a)subscribe to see similar legal issues
Application: The defendant filed a Motion to Dismiss Appeal, leading to the dismissal of his appeal as per the procedural rules.
Reasoning: Following his conviction, he filed a notice of appeal but subsequently submitted a Motion to Dismiss Appeal, which he personally signed. The court granted this motion, resulting in the dismissal of the appeal in accordance with Texas Rule of Appellate Procedure 42.2(a).
Fraudulent Use of Identifying Information under Texas Penal Codesubscribe to see similar legal issues
Application: The defendant was convicted under the statute that addresses fraudulent use of identifying information, indicating the application of this legal standard to his actions.
Reasoning: Kenneth Howell Kirk was convicted of two counts of Fraudulent Use of Identifying Information and one count of Theft from the Elderly, as defined under Texas Penal Code Ann. 31.03(f)(3) and 32.51.
Theft from the Elderly under Texas Penal Codesubscribe to see similar legal issues
Application: The defendant's actions were adjudicated under the statute specifically addressing theft from the elderly, reflecting the legal criteria applied in this conviction.
Reasoning: Kenneth Howell Kirk was convicted of two counts of Fraudulent Use of Identifying Information and one count of Theft from the Elderly, as defined under Texas Penal Code Ann. 31.03(f)(3) and 32.51.