Opinion
NUMBER 13-16-00050-CRNUMBER 13-16-00051-CRNUMBER 13-16-00052-CR
10-06-2016
LAWSON PRICE, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Perkes, and Longoria
Memorandum OpinionPer Curiam
Appellant, Lawson Price, was convicted of unauthorized use of a motor vehicle and unauthorized absence from a corrections facility. On January 15, 2016, appellant filed notices of appeal by and through his attorney. This Court abated the appeals on August 3, 2016, because of counsel's failure to file a brief and ordered the trial court to determine whether appellant desired to prosecute these appeals. Counsel for appellant subsequently has filed a motion to withdraw as counsel.
At the trial court hearing, appellant indicated that he wanted his appeals dismissed and the record reflects appellant and his counsel signed a motion to withdraw the appeal. A document titled "Order on Motion to Withdraw Appeal" with all three trial court cause numbers contains the signature of appellant and counsel and grants counsel's motion to withdraw. A supplemental clerk's record and reporter's record have been filed. Accordingly, these appeals are REINSTATED.
Although no written motion has been filed in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure, based upon the evidence at the hearing that appellant does not want to continue his appeals and the signature of both counsel and appellant on the "Order on Motion to Withdraw 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 appeals. Counsel's motion to withdraw is GRANTED.
PER CURIAM Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 6th day of October, 2016.