Opinion
No. 01-0800664-CR
Opinion issued May 7, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 10th Judicial District Court, Harris County, Texas, Trial Court Cause No. 07CR3562.
Panel consists of Chief Justice RADACK, and Justices ALCALA and HANKS.
MEMORANDUM OPINION
Because no brief had been filed for appellant, on March 10, 2009, we abated this appeal and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. The trial court conducted the hearing on April 14, 2009, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that he wished to withdraw this appeal. We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal. 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, the appeal is dismissed. Any pending motions are denied as moot. The clerk of this Court is directed to issue the mandate within 15 days. Tex. R. App. P. 18.1.