Christopher Holland v. the State of Texas

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: January 6, 2026
• Docket: 01-24-00554-CR
• Status: Published

Opinion

Opinion issued January 6, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00554-CR ——————————— CHRISTOPHER HOLLAND, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 412th Judicial District Court Brazoria County, Texas Trial Court Case No. 96101-CR

On May 8, 2024, appellant Christopher Holland was convicted by a jury of

Aggravated Assault Causing Serious Bodily Injury and sentenced to 50 years’

confinement in the Texas Department of Criminal Justice (TDCJ) – Institutional

Division. Appellant’s appointed trial counsel Kenneth Nash filed a notice of

appeal on July 22, 2024. Appellant’s retained attorney Chris Self filed appellant’s brief on February

11, 2025, and on February 26, 2025, the State filed appellee’s brief. On June 24,

2025, Chris Self filed a Motion to Substitute Counsel, requesting to withdraw and

stating that attorney Brad Haggard will represent appellant. We granted the motion

to substitute and abated for the trial court to determine whether appellant wants to

pursue his appeal and, if so, whether he retained Brad Haggard or is indigent and

wants appointed counsel. See TEX. R. APP. P. 6.5.

The trial court held the abatement hearing on August 8, 2025, which

appellant attended by video conference. On August 14, 2025, the trial court issued

findings of fact and conclusions of law. The trial court concluded, among other

things, that appellant “has not agreed to retain attorney Brad Haggard” and “does

not want to prosecute his appeal.”

The voluntary dismissal of a criminal appeal is governed by Texas Rule of

Appellate Procedure 42.2, which requires a motion to dismiss, signed by an

appellant and his attorney, to be filed with the appellate court. TEX. R. APP. P.

42.2(a). But on our own initiative, if we find good cause exists, we may suspend

the requirements of Rule 42.2 in a particular case to order a different procedure.

See TEX. R. APP. P. 2 (providing appellate courts may—to expedite a decision or

for other good cause—suspend a rule’s operation in a particular case and order a

different procedure).

2 Although no written motion has been filed in compliance with Rule 42.2(a),

based on the record presented to this Court, and the finding of the trial court from

the abatement hearing, we conclude that good cause exists to suspend the operation

of Rule 42.2 in this appeal. See TEX. R. APP. P. 2, 42; Conners v. State, 966

S.W.2d 108, 110–11 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d) (using Rule

2 to suspend operation of Rule 42.2 to dismiss appeal); see also Hawthorne v.

State, No. 01-24-00887-CR, 2025 WL 1225115, at *1 (Tex. App.—Houston [1st

Dist.] Apr. 29, 2025, no pet.) (mem. op., not designated for publication)

(suspending operation of Rule 42.2(a) and dismissing appeal based on appellant’s

statement at abatement hearing that he did not wish to pursue appeal and trial

court’s findings of fact that appellant expressed desire not to proceed with his

appeal); Boiser v. State, No. 01-19-00911-CR, 2021 WL 3669627, at *2 (Tex.

App.—Houston [1st Dist.] Aug. 19, 2021, no pet.) (mem. op., not designated for

publication) (suspending operation of Rule 42.2(a) and dismissing appeal based on

record and trial court finding abandonment of appeal); Truong v. State, No. 01-17-

00343-CR, 2018 WL 1630177, at *1 (Tex. App.—Houston [1st Dist.] Apr. 5,

2018, no pet.) (mem. op., not designated for publication) (suspending operation of

Rule 42.2 and construing abatement record as appellant’s motion to dismiss

appeal). We have not issued a decision in the appeal. See TEX. R. APP. P. 42.2(b).

3 Accordingly, based on the record before us, we reinstate and dismiss the

appeal. See TEX. R. APP. P. 43.2(b). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Gunn and Johnson.

Do not publish. TEX. R. APP. P. 47.2(b).