Opinion
NO. 09-11-00470-CR
01-25-2012
SEAN ERIC LEVIEGE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 08-04058
MEMORANDUM OPINION
On December 8, 2011, we abated the appeal and remanded the case to the trial court for a hearing to determine, among other things, whether the appellant desired to pursue his appeal. The trial court conducted the hearing on January 9, 2012. The appellant personally appeared at the hearing and in open court stated that he does not wish to pursue his appeal. A supplemental clerk's record and a supplemental reporter's record have been filed.
Because appellant's statements in open court in the presence of his attorney constituted good cause to suspend the operation of Rule 42.2(a) in accordance with Rule 2, we will not require that Leviege's written motion to dismiss be signed by counsel. See Tex. R. App. P. 2, 42.2(a). The appellant voluntarily abandoned the appeal before our opinion issued. Accordingly, we dismiss the appeal.
APPEAL DISMISSED.
_____________________
HOLLIS HORTON
Justice
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.