Farrar v. State

Full title: BLAKE BERKELEY FARRAR, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Jul 21, 2011

No. 01-09-00719-CR (Tex. App. Jul. 21, 2011)

Opinion

No. 01-09-00719-CR

Opinion issued July 21, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 180th District Court, Harris County, Texas, Trial Court Cause No. 1188946.

Panel consists of Justices JENNINGS, BLAND, and MASSENGALE.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Blake Berkeley Farrar, pleaded guilty to the offense of possession with intent to deliver a controlled substance. The trial court deferred adjudication of guilt and placed defendant on community supervision for six years. Appellant filed a pro se notice of appeal of the trial court's denial of "Defendant's Motion to Withdraw Plea of Guilty Motion for New Trial." We dismiss the appeal. On October 26, 2010, this case was abated to the trial court to make findings on appellant's desire to pursue this appeal, and, if so, determine indigence and appoint counsel. The appellant appeared without counsel, and stated for the record that he did not wish to appeal the case. Although appellant has not signed a written motion to dismiss the appeal, we rely on the hearing record to support compliance with Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). Texas Rule of Appellate Procedure 42.2(a) states that an appellant and his attorney "must sign" a motion to dismiss an appeal. Appellant is pro se, and did not sign a motion to dismiss. The record reflects, however, that appellant stated at the hearing that he did not desire to pursue this appeal. We may suspend a rule's operation in a particular case to expedite a decision or for other good cause. See Tex. R. App. P. 2; Conners v. State, 966 S.W.2d 108, 110-11 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd). We conclude that appellant's statements provide good cause for suspending the requirement that appellant sign a motion to dismiss. See Tex. R. App. P. 2; Conners, 966 S.W.2d at 110-11. Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f). We dismiss any pending motions as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See Tex. R. App. P. 18.1.