Opinion issued June 29, 2006
In The
Court of Appeals
For The
First District of Texas
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NO. 01-04-01052-CR
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JESSICA ANN MILLIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 10th District Court
Galveston County, Texas
Trial Court Cause No. 01CR2231
MEMORANDUM OPINION
We abated the above referenced appeal and remanded the case to the trial court to conduct a hearing to determine whether or not appellant desired to prosecute the appeal.
On May 1, 2006, the trial court conducted a hearing and the supplemental record of that hearing has been filed in this Court. Therefore, we order the appeal reinstated.
Appellant's counsel, George A. Young, testified at the May 1, 2006 hearing that appellant Jessica Ann Millis told him on several occasions that she wished to withdraw this appeal. Counsel Young gave the trial court a letter from appellant wherein she stated "I am waiting for a paroles decision...on my release date...I do hope that this appeal has been dropped because I do not want back on probation." At the conclusion of the hearing, the trial court made the following findings:
(1) Appellant sent a letter to Mr. Young requesting that the appeal be dismissed.
(2) Mr. Young received a phone call from appellant approximately two to three months ago in which appellant asked whether Mr. Young had taken the necessary steps to have the appeal dismissed.
(3) Mr. Young does not have an address from appellant who is a transient person and therefore was unable to secure her signature on a motion to dismiss.
(4) The trial court recommends to the Court of Appeals that the appeal be dismissed as the trial court finds that appellant no longer desires to pursue the appeal.
Appellant has not filed a written motion to withdraw the appeal that complies with Rule 42.2(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). However, given appellant's expressed desire to forego pursuit of this 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 Keyes, Alcala, and Bland.
Do not publish. Tex. R. App. P. 47.2(b).