Kolby Steven Kite v. the State of Texas ( 2024 )

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Do Not Publish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.
2