Opinion
No. 4-05-00642-CR
Delivered and Filed: March 1, 2006. DO NOT PUBLISH.
From the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-7283B, Honorable Mark Luitjen, Judge Presiding. Dismissed.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
On January 10, 2006, this court abated this appeal to the trial court to hold a hearing to determine whether appellant desired to prosecute his appeal, whether appellant was indigent, and whether counsel had abandoned this appeal. See Tex.R.App.P. 38.8(b). The record of that hearing has been filed in this court. At the hearing, appellant stated on the record that he did not wish to pursue an appeal. Appellant, however, has not filed a written motion to withdraw the appeal in this court. See Tex.R.App.P. 42.2(a). Nevertheless, given appellant's expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2 in this case. See Tex.R.App.P. 2 (stating an appellate court can suspend a rule's operation in a particular case and order a different procedure). This appeal is hereby reinstated on the docket of this court and is ordered dismissed.