Robert Cody Kellogg v. State

Opinion issued May 3, 2007

















In The

Court of Appeals

For The

First District of Texas



____________



NO. 01-06-00494-CR

01-06-00500-CR

____________



ROBERT CODY KELLOGG, Appellant



V.



THE STATE OF TEXAS, Appellee


On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause Nos. 1031783 and 1031784




MEMORANDUM OPINION

Because no brief had been filed for appellant, we abated these appeals on March 14, 2007and ordered a hearing in the trial court. Among the issues the trial court was to consider was whether appellant desired to prosecute the appeals. The trial court conducted the hearing on April 12, 2007, and the reporter's record of that hearing has been filed in this Court. At the hearing, appellant stated that he wished to withdraw these appeals.

We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeals. See Tex. R. App. P. 42.2(a). However, given appellant's expressed desire to forego pursuit of his appeals, 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, we dismiss the appeals in cause numbers 1031783 and 1031784.

We further dismiss pending motions as moot.

We direct the clerk of this Court to issue the mandates. Tex. R. App. P. 18.1.

PER CURIAM

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

Do not publish.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