John Jairo Mendoza v. State

Opinion issued April 29, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-01288-CR

____________


JOHN JAIRO MENDOZA, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 949313




 

MEMORANDUM OPINION

               We abated the above-referenced appeal and ordered a hearing in the trial court after appellant’s counsel filed a motion to withdraw as counsel. Among other things, the motion questioned appellant’s desire to pursue the appeal. The trial court conducted the hearing on April 14, 2004, and the supplemental recordsof those proceedings has been filed in this Court. At the hearing, appellant stated that he did not wish to pursue the appeal.

               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.

               Brian Coyne’s motion to withdraw as counsel is denied as moot.

               The clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish.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