Opinion
No. 14-08-00958-CR
Memorandum Opinion filed March 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 268th District Court Fort Bend County, Texas, Trial Court Cause No. 48205.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
After a jury trial, appellant was convicted of misdemeanor assault. On September 17, 2008, the trial court sentenced appellant to confinement for 365 days in the Fort Bend County Jail and assessed a fine of $2,000. Appellant filed a timely notice of appeal. Appellant did not retain counsel to prosecute this appeal. Appellant also did not pay for preparation of the reporter's record. No brief has been filed. On February 5, 2009, this court ordered a hearing to determine whether appellant wished to continue his appeal. On March 2, 2009, the trial court conducted the hearing. The record of the hearing was filed in this court on March 5, 2009. Based upon the trial court hearing record, we may consider the appeal without a brief as justice may require. See TEX. R. APP. P. 38.8(b). At the hearing, appellant testified that he has completed serving his sentence and he no longer desires to appeal. To expedite a decision in this case, we suspend the requirement in Texas Rule of Appellate Procedure 42.2(a) for a written motion to dismiss the appeal. See TEX. R. APP. P. 2. Accordingly, we grant appellant's request and order the appeal dismissed. We direct the Clerk of the Court to issue the mandate of the Court immediately.