What did the court decide?

The court consolidated the State's related appeals into one appeal under cause number 03-26-00312-CR and dismissed the other four docketed appeals as duplicative.

Who is affected by this decision?

The parties to the five criminal causes—principally the State of Texas and Brent William Curry—are affected because all appellate review will proceed in the single consolidated appeal.

What happens next in the case?

Appellate proceedings will continue under cause number 03-26-00312-CR, using the consolidated record and issues.

Can this consolidation be appealed?

Consolidation orders like this are typically procedural and resolved by the appellate court; further review would generally require seeking rehearing in this court or discretionary review in a higher court, depending on available remedies.

The State of Texas v. Brent William Curry

Docket 03-26-00309-CR

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

Criminal Appeal

Filed: Apr 15, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 3rd District (Austin)
Type: Lead Opinion
Case type: Criminal Appeal
Docket: 03-26-00309-CR

The State's appeals from multiple related criminal causes were before the Texas Court of Appeals, Third District, for resolution of a motion to consolidate.

Summary

The State filed five related appeals from criminal cases involving Brent William Curry. The court granted the State's motion to consolidate the appeals, ordered the issues and records from four appeals merged into cause number 03-26-00312-CR, and dismissed the four now-duplicative docketed appeals. The consolidated appeal will proceed under cause number 03-26-00312-CR. The court cited prior practice in Reece v. State and explained that the trial court had already effectively consolidated the matters by taking judicial notice of related docket documents.

Issues Decided

Whether the court should consolidate multiple related criminal appeals and proceed under a single cause number.
Whether the four docketed appeals should be dismissed as duplicative after consolidation into cause number 03-26-00312-CR.

Court's Reasoning

The court found consolidation appropriate because the trial court had effectively consolidated the matters by taking judicial notice of documents across the related causes, making the records and issues intertwined. It followed precedent and practice (citing a recent similar procedure in Reece v. State) to avoid duplicative proceedings and to streamline appellate review. Dismissing the separate docketed appeals removes redundancy while preserving appellate consideration under the single consolidated cause number.

Authorities Cited

Reece v. StateNo. 03-25-00433-CR, 2025 WL 3038072 (Tex. App.—Austin Oct. 31, 2025) (mem. op.)

Parties

Appellant: State of Texas
Appellee: Brent William Curry
Judge: Dib Waldrip
Judge: Chief Justice Byrne
Judge: Justice Theofanis
Judge: Justice Crump

Key Dates

Filed: 2026-04-15

What You Should Do Next

1
Proceed under consolidated cause number
All parties and counsel should direct filings, briefs, and correspondence to cause number 03-26-00312-CR, as that is the operative docket for the consolidated appeal.
2
Review consolidated record
Counsel for both sides should review the combined record and identify the issues to be briefed under the consolidated appeal to avoid redundancy and ensure all relevant matters are covered.
3
Consider procedural challenges
If any party objects to consolidation or dismissal of the separate dockets, they should consult counsel about seeking rehearing or other appropriate relief promptly.

Frequently Asked Questions

What did the court decide?: The court consolidated the State's related appeals into one appeal under cause number 03-26-00312-CR and dismissed the other four docketed appeals as duplicative.
Who is affected by this decision?: The parties to the five criminal causes—principally the State of Texas and Brent William Curry—are affected because all appellate review will proceed in the single consolidated appeal.
What happens next in the case?: Appellate proceedings will continue under cause number 03-26-00312-CR, using the consolidated record and issues.
Can this consolidation be appealed?: Consolidation orders like this are typically procedural and resolved by the appellate court; further review would generally require seeking rehearing in this court or discretionary review in a higher court, depending on available 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

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00308-CR
NO. 03-26-00309-CR
NO. 03-26-00310-CR
NO. 03-26-00311-CR
NO. 03-26-00312-CR

The State of Texas, Appellant

Brent William Curry, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NOS. CR2020-667D, CR2022-063D, CR2024-715D, CR2025-1022D, CR2025-1023D,
THE HONORABLE DIB WALDRIP, JUDGE PRESIDING

MEMORANDUM OPINION

PER CURIAM

The State has filed a motion to consolidate its appeals in these related causes that

were effectively consolidated for hearing when the trial court took judicial notice of documents

in appellee Brent William Curry’s related trial-court causes. The motion is granted, and the

appeals are consolidated.

The issues, record, and documents in cause numbers 03-26-00308-CR, 03-26-

00309-CR, 03-26-00310-CR, and 03-26-00311-CR are consolidated into cause number 03-26-

00312-CR. The consolidated appeal will proceed under cause number 03-26-00312-CR, and

cause numbers 03-26-00308-CR, 03-26-00309-CR, 03-26-00310-CR, and 03-26-00311-CR are
dismissed. See Reece v. State, No. 03-25-00433-CR, 2025 WL 3038072, at *1 n.1 (Tex. App.—

Austin Oct. 31, 2025, pet. ref’d) (mem. op.) (following similar procedure).

Before Chief Justice Byrne, Justices Theofanis and Crump

03-26-00308-CR Dismissed

03-26-00309-CR Dismissed

03-26-00310-CR Dismissed

03-26-00311-CR Dismissed

03-26-00312-CR Consolidated

Filed: April 15, 2026

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