Kevin Villatoro v. the State of Texas
Docket 01-25-00193-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- 01-25-00193-CR
Appeal from a criminal conviction in the 208th District Court of Harris County, Texas that had been abated for a hearing about a missing exhibit
Summary
The Court of Appeals for the First District of Texas considered a criminal appeal by Kevin Villatoro. The court previously paused the appeal so the trial court could hold a hearing about a missing exhibit. Villatoro then moved to reinstate and dismiss his appeal. The appellate court granted his motion, dismissed the appeal, and denied as moot any other pending motions. The opinion was issued April 7, 2026, and is unpublished.
Issues Decided
- Whether the appellant's motion to reinstate and dismiss the appeal should be granted
- Whether pending motions become moot after dismissal of the appeal
Court's Reasoning
The appellant asked the court to reinstate and dismiss the appeal, and the court honored that request. Because the appeal was dismissed at the appellant's motion, there was no need to resolve other pending motions, which the court therefore dismissed as moot. The court relied on the appellate rule that allows dismissal of an appeal on motion.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.2(a)
- Texas Rules of Appellate Procedure — PublicationTEX. R. APP. P. 47.2(b)
Parties
- Appellant
- Kevin 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
If Villatoro wants to explore further appellate or postconviction options, he should discuss with his lawyer whether any relief remains available and applicable deadlines.
- 2
Confirm trial-court record matters
If the underlying issue involved the missing exhibit, the parties may ensure the trial court's docket and record reflect resolution of that issue for any future proceedings.
Frequently Asked Questions
- What did the court decide?
- The court granted the appellant's motion and dismissed the appeal; any other pending motions were dismissed as moot.
- Who is affected by this decision?
- Kevin Villatoro (the appellant) and the State of Texas (the appellee) are directly affected; the dismissal ends this appeal.
- What happens next in the case?
- With the appeal dismissed, there is no further action in this appellate court unless a party successfully seeks reinstatement or files a new appropriate motion or petition.
- Can this dismissal be appealed?
- A dismissal of an appeal at the appellant's request typically ends appellate proceedings; options may be limited and a party should consult counsel about extraordinary relief if appropriate.
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. 01-25-00193-CR
———————————
KEVIN VILLATORO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court
Harris County, Texas
Trial Court Case No. 1583614
MEMORANDUM OPINION
We abated this appeal for the trial court to conduct a hearing on a missing
exhibit. Appellant, Kevin 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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