Opinion issued February 13, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-01218-CR
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DANNY GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from County Criminal Court at Law No. 8
Harris County, Texas
Trial Court Cause No. 1123337
MEMORANDUM OPINION
Appellant filed a motion to dismiss the above-referenced appeal in the trial court. According to the Texas Rules of Appellate Procedure, motions to dismiss in criminal cases are to be filed in the appellate court. See Tex. R. App. P. 42.2(a). However, the motion is in writing and signed by appellant, as the rule requires. The motion states, among other things, that appellant "made this choice voluntarily and knowingly, and on the advice of counsel." In addition, the motion to dismiss is included in the clerk's record which is certified as true and correct by the Harris County District Clerk.
We believe that good cause exists to suspend the operation of Rule 42.2(a) in this case, as to the requirement that a motion to dismiss an appeal be filed with the appellate court clerk, 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 Justices Hedges, Jennings, and Alcala.
Do not publish. Tex. R. App. P. 47.