Opinion
NO. 09-11-00436-CR
01-25-2012
ALFRED WAYNE LEWIS a/k/a PEANUT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 09-06227
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.
Although no written motion to dismiss has been filed, appellant's statements in open court in the presence of his attorney constitute good cause to suspend the operation of Rule 42.2(a) in accordance with Rule 2. 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.
CHARLES KREGER
Justice
Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ.