What did the court decide?

The court granted the appellant's signed motion to dismiss the appeal and dismissed the case.

Who is affected by this decision?

The appellant, Giovani Aveleno Kitts, is the primary party affected because his appeal is ended; the State is the opposing party.

Does this decision address the underlying conviction?

No. The dismissal was procedural based on the appellant's request and does not resolve or review the merits of the underlying conviction.

Can this dismissal be appealed further?

A voluntary dismissal of an appeal granted under the rules generally ends appellate review; further relief would be limited and depends on the procedural posture and any remaining statutory or constitutional remedies.

Giovani Aveleno Kitts v. the State of Texas

Docket 04-25-00116-CR

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

Criminal AppealDismissed

Filed: Apr 15, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 4th District (San Antonio)
Type: Lead Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: 04-25-00116-CR

Appeal from a criminal conviction in the 451st Judicial District Court, Kendall County, Texas (Trial Court No. 8938) reviewed by the Fourth Court of Appeals.

Summary

The Fourth Court of Appeals dismissed appellant Giovani Aveleno Kitts’s criminal appeal after he filed a motion to dismiss that complied with Texas Rule of Appellate Procedure 42.2(a). The motion was signed by Kitts and his counsel, and the court granted it, ending appellate review. The opinion is a short per curiam dismissal with no discussion of the merits and is not for publication.

Issue Decided

Whether the appellate court should dismiss the appeal based on the appellant's timely motion to dismiss under Texas Rule of Appellate Procedure 42.2(a).

Court's Reasoning

The court dismissed the appeal because the appellant filed a motion to dismiss that complied with the procedural rule (Tex. R. App. P. 42.2(a)) and the motion was signed by both the appellant and his counsel. Because the dismissal motion met the rule's requirements, the court had discretion to grant it without addressing the merits of the underlying conviction.

Authorities Cited

Texas Rule of Appellate Procedure 42.2(a)

Parties

Appellant: Giovani Aveleno Kitts
Appellee: The STATE of Texas
Judge: Kevin M. O’Connell

Key Dates

Opinion delivered and filed: 2026-04-15

What You Should Do Next

1
Consult defense counsel about collateral options
If the appellant wants to challenge the underlying conviction or sentence, he should discuss possible post-conviction remedies, such as habeas corpus or other statutory relief, with his attorney.
2
Confirm record and mandate
The parties or counsel should confirm the appellate court's mandate and ensure the trial court and records reflect the dismissal.
3
Consider filing any remaining motions in trial court
If there are outstanding matters in the trial court (e.g., motions to withdraw plea, sentencing errors), counsel should evaluate and, if appropriate, file motions within applicable time limits.

Frequently Asked Questions

What did the court decide?: The court granted the appellant's signed motion to dismiss the appeal and dismissed the case.
Who is affected by this decision?: The appellant, Giovani Aveleno Kitts, is the primary party affected because his appeal is ended; the State is the opposing party.
Does this decision address the underlying conviction?: No. The dismissal was procedural based on the appellant's request and does not resolve or review the merits of the underlying conviction.
Can this dismissal be appealed further?: A voluntary dismissal of an appeal granted under the rules generally ends appellate review; further relief would be limited and depends on the procedural posture and any remaining statutory or constitutional remedies.

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

Fourth Court of Appeals
                                     San Antonio, Texas
                                 MEMORANDUM OPINION
                                        No. 04-25-00116-CR

                                      Giovani Aveleno KITTS,
                                             Appellant

                                                 v.

                                       The STATE of Texas,
                                             Appellee

                    From the 451st Judicial District Court, Kendall County, Texas
                                        Trial Court No. 8938
                          Honorable Kevin M. O’Connell, Judge Presiding

PER CURIAM

Sitting:          Rebeca C. Martinez, Chief Justice
                  Irene Rios, Justice
                  Velia J. Meza, Justice

Delivered and Filed: April 15, 2026

DISMISSED

           Appellant, Giovani Aveleno Kitts, has filed a motion to dismiss his appeal. See Tex. R.

App. 42.2(a). The motion is signed by Kitts and his counsel and otherwise complies with Rule

42.2. Accordingly, we grant the motion and dismiss this appeal.



                                                      PER CURIAM

DO NOT PUBLISH