Lloyd Nanny, Jr. v. State

Opinion issued May 27, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00114-CR

____________


LLOYD NANNY, JR., Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 710321




 

MEMORANDUM OPINION

               On March 11, 2004, we abated the above-referenced appeal and remanded the case to the trial court for an indigency hearing. 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 19, 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 Nuchia, Jennings, and Keyes.

Do not publish.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