What did the court decide?

The court granted the appellant's motion to reinstate and dismiss his appeal and dismissed any other pending motions as moot.

Who is affected by this decision?

The appellant, Kevin Antonio Villatoro, and the State of Texas are directly affected; the appeal is dismissed and the appellate process in this case ends unless further relief is sought.

Why was the appeal dismissed?

Because the appellant moved to reinstate and dismiss the appeal and no opinion had yet issued, the court accepted the motion and dismissed the appeal under the appellate rules.

Can this dismissal be appealed?

Voluntary dismissals by appellants typically conclude the appeal; to challenge the dismissal further would require a procedural basis and likely counsel, but the opinion does not describe any remaining appellate remedy.

Kevin Antonio Villatoro v. the State of Texas

Docket 01-25-00124-CR

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

Criminal AppealDismissed

Filed: Apr 7, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: 01-25-00124-CR

Appeal from a criminal conviction in the 208th District Court, Harris County, Texas, previously abated for a hearing on a missing exhibit.

Summary

The First District of Texas court grants the appellant's motion to reinstate and dismiss his criminal appeal. The court had previously paused the appeal for the trial court to hold a hearing about a missing exhibit. Because no opinion had issued and the appellant moved to dismiss, the court dismissed the appeal and any other pending motions as moot, citing the Texas Rules of Appellate Procedure.

Issues Decided

Whether the appellant's motion to reinstate and dismiss the appeal should be granted after the appeal had been abated for a hearing on a missing exhibit.
Whether any other pending motions should be dismissed as moot once the appeal is dismissed.

Court's Reasoning

The court concluded that because no opinion had issued and the appellant moved to reinstate and dismiss the appeal, dismissal was appropriate under the Texas Rules of Appellate Procedure. The procedural posture (abatement awaiting a trial-court hearing) did not prevent the appellant from voluntarily dismissing the appeal, and dismissal rendered other pending motions moot.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.2(a)
Publication ruleTEX. R. APP. P. 47.2(b)

Parties

Appellant: Kevin Antonio Villatoro
Appellee: The State of Texas
Judge: Chief Justice Adams
Judge: Justice Guerra
Judge: Justice Guiney

Key Dates

Opinion issued: 2026-04-07

What You Should Do Next

1
Consult defense counsel
The appellant should consult with his attorney to confirm the practical effect of the dismissal and whether any further post-conviction options (such as motions for new trial or habeas corpus) remain available.
2
Confirm record status
Counsel or the parties should confirm with the trial and appellate clerks that the appeal is closed and obtain any necessary documentation reflecting the dismissal.
3
Evaluate other motions
If any motions were pending in the trial court or related proceedings, determine whether they need to be refiled or pursued in light of the appeal's dismissal.

Frequently Asked Questions

What did the court decide?: The court granted the appellant's motion to reinstate and dismiss his appeal and dismissed any other pending motions as moot.
Who is affected by this decision?: The appellant, Kevin Antonio Villatoro, and the State of Texas are directly affected; the appeal is dismissed and the appellate process in this case ends unless further relief is sought.
Why was the appeal dismissed?: Because the appellant moved to reinstate and dismiss the appeal and no opinion had yet issued, the court accepted the motion and dismissed the appeal under the appellate rules.
Can this dismissal be appealed?: Voluntary dismissals by appellants typically conclude the appeal; to challenge the dismissal further would require a procedural basis and likely counsel, but the opinion does not describe any remaining appellate remedy.

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

Opinion issued April 7, 2026




                                      In The

                               Court of Appeals
                                     For The

                          First District of Texas
                             ————————————
                               NO. 01-25-00124-CR
                            ———————————
                 KEVIN ANTONIO VILLATORO, Appellant
                                        V.
                       THE STATE OF TEXAS, Appellee


                    On Appeal from the 208th District Court
                            Harris County, Texas
                        Trial Court Case No. 1709130


                          MEMORANDUM OPINION

      We abated this appeal for the trial court to conduct a hearing on a missing

exhibit. Appellant, Kevin Antonio Villatoro, now moves to reinstate and dismiss this

appeal. No opinion has issued. Accordingly, we grant the motion and dismiss the

appeal. See TEX. R. APP. P. 42.2(a). We dismiss any other pending motions as moot.
                                PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.

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




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