Opinion
No. 01-09-00052-CR
Opinion issued November 5, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 351st District Court Harris County, Texas, Trial Court Cause No. 1119621.
Panel consists of Justices JENNINGS, HIGLEY, and SHARP.
MEMORANDUM OPINION
Appellant, Lance Louis Johns, has filed a signed, notarized affidavit in the trial court requesting that the trial court to allow him to withdraw his appeal his appeal. On September 15, 2009, the trial court conducted a hearing at which appellant stated his desire to withdraw this appeal. A supplemental reporter's record containing a copy of appellant's signed, notarized affidavit has been filed with the Clerk of this Court. In the affidavit, appellant states "I, the appellant in the above captioned cause, was convicted of indecency with a child and gave notice of appeal. I do not wish to further prosecute this appeal and request that the notice of appeal be withdrawn." The document is signed "Lance C. Johns" and is dated August 25, 2009. At the hearing, the trial court questioned appellant about the notarized request to withdraw his appeal as follows:
THE COURT: Now, this request to withdraw the appeal, did you in fact sign it?
THE DEFENDANT: Yes, sir.
THE COURT: Did you sign it freely and voluntarily?
THE DEFENDANT: Yes, sir.
THE COURT: Has anyone made you any promise or threatened you in any way to make you sign the request?
THE DEFENDANT: No, sir.
THE COURT: So, is it your desire to terminate the appeal in this case?
THE DEFENDANT: Yes, sir.
THE COURT: You understand that if you do withdraw the appeal, then, basically, your appellate rights are over with at that pint in terms of your conviction? Do you understand that is your desire to do this. I am going to find that Mr.
Johns is of sound mind and competent to make this decision and I'm satisfied that it is a free and voluntary decision on his part and that he wants to withdraw the appeal. All right. Thank you, Mr. Johns. Good luck. I'm going to make the request to withdraw appeal Court's exhibit no. 1 for purpose of appeal.Appellant has not filed a written motion to withdraw the appeal with the Clerk of this Court. See Tex. R. App. P. 42.2(a). However, given appellant's expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, we dismiss the appeal. We direct the Clerk of this Court to issue the mandate within 30 days. Tex. R. App. P. 18.1.