Opinion
NO. 12-13-00074-CR
07-23-2014
JESSE CARROLL, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 349TH
JUDICIAL DISTRICT COURT
HOUSTON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Appellant was adjudicated guilty of sexual assault of a child and sentenced to imprisonment for twelve years. Appellant filed a notice of appeal. On June 19, 2014, we abated the appeal and directed the trial court to conduct a hearing on the motion to withdraw filed by Appellant's counsel. On July 21, 2014, the reporter's record of a telephonic hearing conducted July 15, 2014, was filed in this court. The hearing record reflects that Appellant appeared at the hearing and testified that he no longer wishes to pursue his appeal.
Appellant has not filed a written motion to withdraw the appeal or a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a). However, based upon the testimony at the hearing that Appellant does not want to continue his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case. See TEX. R. APP. P. 2. Accordingly, we dismiss the appeal. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
NO. 12-13-00074-CR
JESSE CARROLL,
Appellant
V.
THE STATE OF TEXAS,
Appellee
Appeal from the 349th District Court
of Houston County, Texas (Tr.Ct.No. 09CR-106)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.