Opinion issued March 13, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00730-CR
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EX PARTE MARK ALLEN KEY, Appellant
On Appeal from the 155th District Court
Harris County, Texas
Trial Court Cause No. 00-11-10642
MEMORANDUM OPINION
Because no brief had been filed for appellant, on December 17, 2002, we abated this appeal and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. The record of that hearing has been filed in this Court. At the hearing, appellant stated that he wished to withdraw this appeal.
No written motion to withdraw the appeal has been filed. See Tex. R. App. P. 42.2(a). However, we believe 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 mandate immediately. Tex. R. App. P. 18.1.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Nuchia and Hanks.
Do not publish. Tex. R. App. P. 47.