Tex. R. App. P. 42.4

As amended through April 30, 2024

Rule 42.4 - Involuntary Dismissal in Criminal Cases

The appellate court must dismiss an appeal on the State's motion, supported by affidavit, showing that the appellant has escaped from custody pending the appeal and that to the affiant's knowledge, the appellant has not, within ten days after escaping, voluntarily returned to lawful custody within the state.

(a)Timely Return to Custody; Reinstatement. The appeal may not be dismissed - or, if dismissed, must be reinstated - if an affidavit of an officer or other credible person is filed showing that the appellant, within ten days after escaping, voluntarily returned to lawful custody within the state.

(b)Life Sentence. The appellate court may overrule the motion to dismiss - or, if the motion was granted, may reinstate the appeal - if:

(1) the appellant received a life sentence; and

(2) the appellant is recaptured or voluntarily surrenders within 30 days after escaping.

Tex. R. App. P. 42.4

Notes and Comments

Comment to 1997 change: Former Rules 59 and 60 are merged. Paragraph 42.1(c), allowing a court of appeals to withdraw its opinion, is new. Provision is made in paragraph 42.3(c) for dismissal of an appeal for failure to comply with a notice from the clerk. Other changes are made.

Comment to 2002 change: Rule 42.1 is amended to clarify the procedures for implementing settlements on appeal and to expressly give courts flexibility in effectuating settlements. The rule is also clarified to expressly permit the dismissal of an appeal without dismissal of the action itself. The rule does not permit an appellate court to order a new trial merely on the agreement of the parties absent reversible error, or to vacate a trial court's judgment absent reversible error or a settlement.