The State of Texas v. Norberto Rivas
Docket 03-26-00304-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 3rd District (Austin)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- 03-26-00304-CR
Appeal from a conviction (or criminal proceeding) in County Court at Law No. 9 of Travis County that the State sought to appeal and then moved to dismiss.
Summary
The State of Texas, as appellant, moved to dismiss its own appeal in a criminal case from the County Court at Law No. 9 of Travis County. The motion to dismiss was signed by the Travis County Attorney and filed under the applicable Texas Rule of Appellate Procedure. The Court of Appeals granted the State’s motion and dismissed the appeal. The opinion is a short memorandum decision, noting the procedural compliance with the rule and disposing of the appeal accordingly.
Issue Decided
- Whether the State's motion to dismiss its own appeal, signed by the Travis County Attorney, warranted dismissal under the Texas Rules of Appellate Procedure.
Court's Reasoning
The court relied on the State's properly signed motion to dismiss under the Texas Rules of Appellate Procedure and concluded that dismissal was appropriate. Because the motion was filed by the authorized prosecuting attorney and complied with the procedural rule cited, there was no obstacle to granting dismissal. The memorandum opinion therefore disposed of the appeal without reaching the merits.
Authorities Cited
- Texas Rule of Appellate Procedure 42.2(a)
Parties
- Appellant
- The State of Texas
- Appellee
- Norberto Rivas
- Judge
- Kim Williams
- Judge
- Chari L. Kelly
Key Dates
- Filed
- 2026-04-28
What You Should Do Next
- 1
Confirm status of trial-court judgment
Parties should verify whether the underlying county-court judgment remains in effect and whether any post-judgment motions remain pending in the trial court.
- 2
Consult counsel about other remedies
If a party wishes to challenge the trial-court judgment, they should consult an attorney about potential post-conviction options or other procedural avenues.
- 3
Ensure compliance with dismissal
The State and appellee should take any administrative steps required by the trial court or probation office to reflect that the appellate matter has been dismissed.
Frequently Asked Questions
- What did the court decide?
- The court granted the State's motion and dismissed the appeal.
- Who filed the motion to dismiss?
- The motion to dismiss was signed and filed by the Travis County Attorney on behalf of the State.
- Does this decision resolve the underlying criminal case?
- No — this decision only ends the appeal the State had filed; it does not itself overturn or modify the underlying trial court judgment.
- Can this dismissal be appealed further?
- Generally, dismissal of an appeal by the appealing party concludes that appeal; further review would depend on procedural rules and whether any party has a separate basis to seek relief.
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. 03-26-00304-CR
The State of Texas, Appellant
v.
Norberto Rivas, Appellee
FROM THE COUNTY COURT AT LAW NO. 9 OF TRAVIS COUNTY
NO. C-1-CR-24-400808, THE HONORABLE KIM WILLIAMS, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant The State of Texas has filed a motion to dismiss its appeal. The motion
is signed by the Travis County Attorney. See Tex. R. App. P. 42.2(a). We grant the motion and
dismiss the appeal. See id.
__________________________________________
Chari L. Kelly, Justice
Before Justices Triana, Kelly and Ellis
Dismissed on Appellant’s Motion
Filed: April 28, 2026
Do Not Publish