Opinion
NO. 14-11-00677-CR
01-24-2012
OGOCHUKWUJ OKWO, Appellant v. THE STATE OF TEXAS, Appellee
Dismissed and Memorandum Opinion filed January 24, 2012.
On Appeal from the County Criminal Court at Law No. 5
Harris County, Texas
Trial Court Cause No. 1636879-A
MEMORANDUM OPINION
Appellant appealed the denial of his writ of habeas corpus in a misdemeanor case. See Tex. Code Crim. Proc. Ann. art. 11.072.
On December 20, 2011, this court ordered a hearing to determine why appellant, who is represented by retained counsel, had not filed the reporter's record in this appeal. On January 9, 2012, the trial court conducted the hearing, and the court's findings were filed in this court on January 11, 2012.
At the hearing, appellant's attorney and the State's attorney appeared, but appellant failed to appear despite having received notice of the hearing. Appellant's attorney stated that appellant reported he did not have funds for the appeal. When appellant's attorney informed appellant that counsel could be appointed if he were indigent, appellant stated to counsel that he did not want to pursue the appeal. The trial court concluded "that appellant has abandoned this 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 upon the finding of the trial court 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 Chief Justice Hedges and Justices Jamison and McCally. Do Not Publish — Tex. R. App. P. 47.2(b).