What did the court decide?

The court granted the defendant's signed request to voluntarily dismiss his appeal and dismissed the appeal.

Who does this affect?

It affects Ethan Alexander Herrera and the State of Texas by ending the appellate review of the conviction.

With the appeal dismissed, the trial court's conviction and sentence remain in effect unless other post-conviction relief is pursued.

Can this dismissal be appealed or undone?

A voluntarily dismissed appeal generally cannot be appealed; the appellant could seek other post-conviction remedies, but reinstating this particular dismissed appeal is unlikely.

Ethan Alexander Herrera v. the State of Texas

Docket 10-25-00431-CR

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 10th District (Waco)
Type: Lead Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: 10-25-00431-CR

Appeal from a conviction for aggravated robbery in the 272nd District Court of Brazos County, Texas

Summary

The defendant, Ethan Alexander Herrera, appealed a conviction for aggravated robbery. On April 13, 2026, Herrera filed a signed, voluntary motion to dismiss his appeal under Texas Rule of Appellate Procedure 42.2(a). The Court of Appeals granted the motion and dismissed the appeal. The opinion is a short memorandum explaining the dismissal was pursuant to the rule permitting voluntary dismissal when requested by an appellant and properly signed.

Issue Decided

Whether the appellant's voluntarily filed, signed motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.2(a) warranted dismissal of the appeal.

Court's Reasoning

The court relied on Texas Rule of Appellate Procedure 42.2(a), which permits an appellant to voluntarily dismiss an appeal by filing a signed motion. Because Herrera and his attorney filed such a motion, the court concluded dismissal was appropriate. The court issued a brief memorandum opinion granting the motion and dismissing the appeal without further proceedings.

Authorities Cited

Texas Rule of Appellate Procedure 42.2(a)

Parties

Appellant: Ethan Alexander Herrera
Appellee: The State of Texas
Judge: John L. Brick
Judge: Lee Harris

Key Dates

Trial court judgment signed: 2025-10-01
Motion to dismiss filed: 2026-04-13
Opinion delivered and filed: 2026-04-16

What You Should Do Next

1
Consult criminal defense counsel
Discuss whether any other post-conviction options (e.g., motion for new trial, habeas application) are appropriate given the dismissal of the appeal.
2
Verify trial court obligations
Confirm the status of the sentence and any required obligations (e.g., surrender, fines) to ensure compliance now that appellate review has ended.
3
Consider filing other relief if warranted
If there are grounds, counsel can evaluate filing a state habeas petition or other collateral relief to challenge the conviction or sentence.

Frequently Asked Questions

What did the court decide?: The court granted the defendant's signed request to voluntarily dismiss his appeal and dismissed the appeal.
Who does this affect?: It affects Ethan Alexander Herrera and the State of Texas by ending the appellate review of the conviction.
What happens next?: With the appeal dismissed, the trial court's conviction and sentence remain in effect unless other post-conviction relief is pursued.
Can this dismissal be appealed or undone?: A voluntarily dismissed appeal generally cannot be appealed; the appellant could seek other post-conviction remedies, but reinstating this particular dismissed appeal is unlikely.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
                   Tenth Appellate District of Texas

                              10-25-00431-CR


                        Ethan Alexander Herrera,
                               Appellant

                                      v.

                            The State of Texas,
                                 Appellee



                           On appeal from the
               272nd District Court of Brazos County, Texas
                      Judge John L. Brick, presiding
                Trial Court Cause No. 17-04677-CRF-272

JUSTICE HARRIS delivered the opinion of the Court.

                      MEMORANDUM OPINION

      Ethan Alexander Herrera appealed the trial court’s judgment of

conviction for aggravated robbery signed on October 1, 2025. On April 13,

2026, Herrera filed a voluntary motion to dismiss the appeal. See TEX. R. APP.

P. 42.2(a). The motion was signed by Herrera and his attorney. See TEX. R.

APP. P. 42.2(a).
       Accordingly, Herrera’s motion to voluntarily dismiss the appeal is

granted, and this appeal is dismissed. Id.




                                             LEE HARRIS
                                             Justice

OPINION DELIVERED and FILED: April 16, 2026
Before Chief Justice Johnson,
       Justice Smith, and
       Justice Harris
Appeal dismissed
Motion granted
Do not publish
CR25




Herrera v. State                                                  Page 2