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Diogu v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 12, 2006
No. 14-05-00850-CR (Tex. App. Jan. 12, 2006)

Opinion

No. 14-05-00850-CR

Memorandum Opinion filed January 12, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 183rd District Court, Harris County, Texas, Trial Court Cause No. 910,297. Dismissed.

Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.


MEMORANDUM OPINION


A jury convicted appellant of aggravated assault with a deadly weapon, and he was placed on community supervision for five years. This court affirmed appellant's conviction on direct appeal. See Diogu v. State, No. 14-02-01068-CR (Tex.App.-Houston [14th Dist.] 2004, pet. ref'd) (not designated for publication). On July 8, 2005, the trial court granted the State's motion to revoke appellant's community supervision. Appellant filed a notice of appeal on August 5, 2005. On December 8, 2005, this court ordered a hearing to determine why appellant's counsel had not filed a brief in this appeal. On December 15, 2005, the trial court conducted the hearing, and the record of the hearing was filed in this court on December 28, 2005. At the hearing, appellant, together with his counsel, confirmed that he had discussed the issues with counsel and determined that appellant no longer wished 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.


Summaries of

Diogu v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 12, 2006
No. 14-05-00850-CR (Tex. App. Jan. 12, 2006)
Case details for

Diogu v. State

Case Details

Full title:MARK ALFRED DIOGU, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 12, 2006

Citations

No. 14-05-00850-CR (Tex. App. Jan. 12, 2006)