The State of Texas v. Tom Peterson

• Court: Court of Appeals of Texas
• Decided: December 19, 2024
• Docket: 01-24-00631-CR
• Status: Published

Opinion

Opinion issued December 19, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00631-CR NO. 01-24-00632-CR ——————————— THE STATE OF TEXAS, Appellant V. TOM PETERSON, Appellee

On Appeal from the 263rd District Court Harris County, Texas Trial Court Case Nos. 1871090 and 1871091

MEMORANDUM OPINION On August 9, 2024, appellant, the State of Texas, pursuant to Texas Code of

Criminal Procedure article 44.01(a),1 filed a notice of appeal from four trial court

cases, including trial court case numbers: 1824051, assigned appellate case number

01-24-00630-CR; 1871090, assigned appellate case number 01-24-00631-CR;

1871091, assigned appellate case number 01-24-00632-CR; and 1871092, assigned

appellate case number 01-24-00633-CR. The State has filed a motion to dismiss in

appellate case numbers 01-24-00631-CR and 01-24-00632-CR, stating that it “is not

challenging the trial court’s dismissal” of the associated trial court case numbers,

1871090 and 1871091, respectively.

The State’s motion to dismiss the appeals complies with Texas Rule of

Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a) (titled “Voluntary

Dismissal in Criminal Cases”). No other party has filed a notice of appeal, and we

have not issued a decision in the appeals. See TEX. R. APP. P. 42.2(a). The State’s

motion does not indicate whether the State conferred with appellee, Tom Peterson,

regarding the relief requested in the motion; however, more than ten days have

passed and appellee has not expressed opposition to the State’s motion. See TEX. R.

APP. P. 10.3(a)(2).

1 See TEX. CODE CRIM. PROC. ANN. art. 44.01(a) (statute allowing State to appeal order in criminal case where trial court dismisses an indictment, information, or complaint).

2 Accordingly, we grant the motion and dismiss the appeals. See TEX. R. APP.

P. 42.2(a), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.

Do not publish.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