Summary
invoking Rule 2 to suspend requirement of motion to dismiss appeal where appellant stated at hearing that she wished to dismiss appeal
Summary of this case from Sandel v. StateOpinion
No. 01-04-00446-CR
Opinion issued August 5, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 23rd District Court, Brazoria County, Texas, Trial Court Cause No. 28,851.
Panel consists of Justices TAFT, JENNINGS, and HANKS.
MEMORANDUM OPINION
We abated the above-referenced appeal and remanded the case to the trial court for an indigency hearing on July 15, 2004. Among the issues the trial judge was to consider was whether appellant desired to pursue the appeal. The trial court conducted the hearing on July 22, 2004, and a supplemental reporter's record has been filed in this Court. At the hearing, appellant stated that she wished to dismiss this appeal. Along with the supplemental record, the trial court sent the Clerk of this Court a letter to which he attached a copy of appellant's written motion to dismiss appeal that she signed in the trial court on the hearing date. We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal in this Court, as required by Rule 42.2(a). See Tex.R.App.P. 42.2(a). However, given appellant's expressed desire to forego pursuit of her appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex.R.App.P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed. The clerk of this Court is directed to issue the mandate. Tex.R.App.P. 18.1.