Raymond Vidal Randle v. State

Opinion issued May 27, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-01216-CR

____________


RAYMOND RANDLE, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 942542




 

MEMORANDUM OPINION

               On April 8, 2004, this Court abated the above-referenced 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 trial court conducted the hearing on April 28, 2004, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that he did not wish to pursue this appeal.

               We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal. See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of his 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.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).