Texas Court of Appeals, 3rd District (Austin), 2025

Charles Motz, IV v. the State of Texas

Charles Motz, IV v. the State of Texas
Texas Court of Appeals, 3rd District (Austin) · Decided August 22, 2025
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Justice Before Chief Justice Byrne, Justices Crump and Ellis Dismissed on Appellant’s Motion Filed: August 22, 2025 Do Not Publish

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