Kolby Steven Kite v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 29, 2024
• Docket: 09-24-00038-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00038-CR __________________

KOLBY STEVEN KITE, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 22-07-09404-CR __________________________________________________________________

MEMORANDUM OPINION

On February 22, 2024, before the District Clerk filed the clerk’s record in this

appeal, Kolby Steven Kite and his appellate counsel personally appeared before the

trial court and announced that Kite desired to waive his appeal. The trial court asked

Kite if he wanted to waive his right of appeal at this time and withdraw the notice of

appeal filed in Trial Cause Number 22-07-09404-CR. Kite answered in the

affirmative. On May 8, 2024, Kite filed a motion to dismiss the appeal that is signed

by counsel but not by Kite.

1 Appellant’s statements in open court in the presence of his attorney constitute

good cause to suspend the operation of Rule 42.2(a) in accordance with Rule 2, and

not require Kite personally sign the written motion to dismiss. See Tex. R. App. P.

2, 42.2(a). The appellant voluntarily abandoned the appeal before our opinion issued.

Accordingly, we dismiss the appeal. See id. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on May 28, 2024 Opinion Delivered May 29, 2024 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.