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David Max Allen v. State

Citation: Not availableDocket: 07-13-00104-CR

Court: Court of Appeals of Texas; July 11, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

David Max Allen appealed a decision from the 242nd District Court of Hale County, Texas. The Court of Appeals for the Seventh District granted a motion to dismiss the appeal, which was signed by both Allen and his attorney. The dismissal was executed under Texas Rule of Appellate Procedure 42.2(a), and the court stated that it would not entertain a motion for rehearing. The mandate for the dismissal will be issued immediately. The opinion is designated as per curiam and is not for publication.

Legal Issues Addressed

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.2(a)

Application: The court applied Texas Rule of Appellate Procedure 42.2(a) to dismiss the appeal after a motion signed by both the appellant and his attorney was filed.

Reasoning: The Court of Appeals for the Seventh District granted a motion to dismiss the appeal, which was signed by both Allen and his attorney.

Immediate Issuance of Mandate

Application: The court ordered that the mandate for the dismissal of the appeal be issued immediately, indicating no delays in executing the dismissal order.

Reasoning: The mandate for the dismissal will be issued immediately.

Non-entertainment of Motion for Rehearing

Application: The court declared that it would not entertain any motion for rehearing concerning the dismissal of the appeal.

Reasoning: The court stated that it would not entertain a motion for rehearing.

Per Curiam Opinion and Non-publication

Application: The decision was issued as a per curiam opinion and was designated not for publication, reflecting the court's choice for a unanimous, unsigned decision not to be considered for precedent.

Reasoning: The opinion is designated as per curiam and is not for publication.