Opinion
No. 13-06-316-CR
April 5, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b)
On appeal from the 33rd District Court of Llano County, Texas.
Before JUSTICES YAÑEZ, RODRIGUEZ, and VELA.
Memorandum Opinion Per Curiam
MEMORANDUM OPINION
Appellant, Jeromy Keith Morrison, appeals his conviction for driving while intoxicated. On August 24, 2006, after the court reporter notified the Court that appellant had not requested a reporter's record, we abated the appeal and remanded the case to the trial court to determine, among other things, whether appellant wished to continue the appeal. The trial court held a hearing on our abatement order on September 14, 2006. According to the record of the hearing below, appellant has decided to abandon this appeal. Appellant's retained counsel has filed a motion to abate the appeal. According to the motion, appellant does not desire to prosecute the appeal; however, the motion to abate was not signed by appellant as required by Rule 42.2(a). See TEX. R. APP. P. 42.2(a). Based upon the trial court's findings of fact and the supplemental records filed in this court, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case. See TEX. R. APP. P. 2; cf. Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex.App.-Waco 2002, no pet.) (applying Rule 2 to suspend requirement that counsel file written withdrawal of appeal after appellant stated on record in trial court that he desired "to drop the appeal"). Construing the motion to abate as a motion to dismiss pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.2(a).
The appeal is DISMISSED.