If an appeal is from a court of record, can a defendant withdraw an appeal?

• A. No
• B. Only with consent of the appellate court
• C. Only before briefing is filed
• D. Yes

Answer: (D)

The main idea is that an appeal is a remedy the defendant can chose to abandon. When the appeal comes from a court of record, the defendant can withdraw the appeal by taking a formal step—typically filing a notice of withdrawal or a motion to dismiss in the appellate court. Once the withdrawal is granted, the appellate process ends and the original judgment stands, returning the matter to its pre-appeal posture. This reflects that appealing is a voluntary option the defendant can discontinue if they no longer wish to pursue review. The ability to withdraw isn’t tied to a strict consent requirement of the appellate court or a narrow timing window like only before briefing, so the answer is yes.