Opinion
NO. 09-11-00469-CR
01-25-2012
PHUC DUNH TRAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 08-03858
MEMORANDUM OPINION
This Court abated Phuc Dunh Tran's appeal and remanded the case to the trial court for a hearing to determine, among other things, whether the appellant desired to pursue his appeal. The trial court conducted the hearing. The appellant personally appeared at the hearing and in open court stated that he does not wish to pursue his appeal. A supplemental clerk's record and a supplemental reporter's record have been filed.
The judgment lists appellant's name as Phuc Dinh Tran.
Although no written motion to dismiss has been filed, appellant's statements in open court in the presence of his attorney constitute good cause to suspend the operation of Rule 42.2(a) in accordance with Rule 2. See Tex. R. App. P. 2, 42.2(a). The appellant has voluntarily abandoned the appeal. Accordingly, we dismiss the appeal.
APPEAL DISMISSED.
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.
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DAVID GAULTNEY
Justice