LEWIS, WILLIAM SOLOMON v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0564-23

WILLIAM SOLOMON LEWIS, Appellant

v.

THE STATE OF TEXAS

ON THE STATE’S MOTION TO DISMISS
STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
HARRIS COUNTY

Per curiam.

OPINION

Appellant was convicted of retaliation. The court of appeals held the evidence was

legally insufficient and rendered a judgment of acquittal. Lewis v. State, 672 S.W.3d 541

(Tex. App.—Houston [14th Dist.] 2023). The State filed a petition for discretionary

review which we granted.

The State has now filed a motion to dismiss the appeal pursuant to Texas Rule of

Appellate Procedure 42.4, because appellant has escaped from custody. We have
reviewed the State’s motion and the evidence and conclude that appellant escaped from

custody within the terms of Rule 42.4. TEX. R. APP. P. 42.4 (appellate court must dismiss

appeal on State’s motion, supported by affidavit, showing that appellant has escaped from

custody pending the appeal and has not within ten days voluntarily returned to custody).

We grant the State’s motion, dismiss the State’s petition for discretionary review,

order the court of appeals to withdraw its opinion, and we affirm the judgment of the trial

court.

Delivered July 31, 2024
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