Opinion
No. 01-10-00629-CR
Opinion issued July 21, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Case No. 1237220.
Panel consists of Justices JENNINGS, BLAND, and MASSENGALE.
MEMORANDUM OPINION
Appellant, Cleveland Jerom Morrison, Jr., on September 29, 2010, appeared at a hearing before the trial court and stated his desire to dismiss his appeal and serve the time remaining on his sentence. Texas Rule of Appellate Procedure 42.2(a) states that an appellant with his attorney "must sign" a motion to dismiss an appeal. Although his request does not technically comply with rule 42.2(a), we rely on both the appellant's testimony to the trial court and the trial court's record of the proceedings to substantiate appellant's desire to dismiss his appeal. We conclude that appellant's statements provide good cause for suspending the requirement that appellant sign a motion to dismiss. See Conners v. State, 966 S.W.2d 108, 110-111 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd.). We have not yet issued a decision. Accordingly, we dismiss the appeal. We deny any pending motions as moot. We direct the Clerk to issue mandate within 10 days of the date of this opinion. TEX. R. APP. P. 18.1.