Opinion issued March 6, 2003
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-02-00754-CR
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KELLI DANIELLE WAGNER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court No. 1
Galveston County, Texas
Trial Court Cause No. 205997
MEMORANDUM OPINION
On January 9, 2003, we abated the above-referenced appeal and ordered a hearing in the trial court because neither the reporter's record nor briefs had been filed. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. The reporter's record of that hearing has been filed in this Court. At the hearing, appellant stated that she wished to withdraw the appeal. Appellant also signed a written motion to dismiss the appeal, which was admitted during the hearing as defendant's exhibit number one.
We order the appeal reinstated. The written motion to withdraw the appeal was not originally filed in this Court, as required by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). However, we believe that good cause exists to suspend that requirement 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 immediately. Tex. R. App. P. 18.1.
PER CURIAM
Panel consists of Justices Taft, Keyes, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).