Opinion
NO. 14-15-00667-CR
01-12-2016
On Appeal from the 183rd District Court Harris County, Texas
Trial Court Cause No. 1438743
MEMORANDUM OPINION
A jury convicted appellant of aggravated robbery with a deadly weapon. On June 26, 2015, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal on July 24, 2015.
On October 21, 2015, this court ordered a hearing to determine why appellant had not filed a brief in this appeal and whether appellant was entitled to appointed counsel. On December 4, 2015, the trial court conducted the hearing, found appellant indigent, and appointed counsel for appeal. 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 on 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.
PER CURIAM Panel consists of Justices Jamison, Donovan, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).