Opinion
No. 13-10-00186-CR
Delivered and filed August 5, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On appeal from the 252nd District Court of Jefferson County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and GARZA.
MEMORANDUM OPINION
Appellant, Leonard Wayne White, was convicted of injury to a child, elderly or disabled individual. On March 22, 2010, appellant filed a notice of appeal by and through his appointed counsel. Appellant's counsel has filed a motion to dismiss the appeal. According to the motion, appellant has been reinstated on probation and no longer desires to appeal. Counsel has tried several times to get appellant to sign the motion to dismiss, but appellant has failed to keep his appointments. Counsel states that appellant is not concerned about his appeal because his sentence was reconsidered by the judge and he was placed back on probation. Although no written motion has been filed in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure, 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. Based upon counsel's sworn statements, counsel's motion is granted and the appeal is DISMISSED.