Charles Motz, IV v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00733-CR

Charles Motz, IV, Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2019-924B, THE HONORABLE DWIGHT E. PESCHEL, JUDGE PRESIDING

MEMORANDUM OPINION

On July 22, 2025, this Court abated this appeal and remanded the case to the trial

court for a hearing to determine whether Charles Motz, IV, desired to prosecute his appeal. On

August 18, 2025, while the case was abated, Motz filed a motion to dismiss that complied with

the requirements of Rule of Appellate Procedure 44.2 because it was signed by both his attorney

and him. See Tex. R. App. P. 44.2(a); Joiner v. State, No. 03-24-00451-CR, 2024 WL 4137335,

at *1 (Tex. App.—Austin Sept. 11, 2024, no pet.) (mem. op., not designated for publication).

Accordingly, we reinstate the case, grant the motion, and dismiss the appeal. See Tex. R. App. P.

44.2(a); Garcia v. State, No. 01-19-00082-CR, 2020 WL 1466985, at *1 (Tex. App.—Houston

[1st Dist.] Mar. 26, 2020, no pet.) (mem. op., not designated for publication) (per curiam). __________________________________________ Karin Crump, Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Dismissed on Appellant’s Motion

Filed: August 22, 2025

Do Not Publish