David Ben Vederman v. State

Opinion issued January 19, 2006










In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-00154-CR

        01-05-00155-CR

____________


DAVID BEN VEDERMAN, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 400th Judicial District Court

Fort Bend County, Texas

Trial Court Cause No. 40839 and 40208




 

MEMORANDUM OPINION

               Because no brief had been filed for appellant, on July 5, 2005, we abated this appeal and ordered a hearing in the trial court. The trial court conducted the hearing on September 19, 2005, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that he wished to withdraw this appeal.

               We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal in this Court. 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.

               Any pending motions are 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 Justices Nuchia, Keyes, and Hanks.

Do not publish.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