Jose Guadalupe Contreras v. State

Opinion issued February 7, 2008













In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-07-00385-CR

____________



JOSE GUADALUPE CONTRERAS, Appellant



V.



THE STATE OF TEXAS, Appellee


On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 985806




MEMORANDUM OPINION

Because no brief had been filed for appellant, we abated this appeal and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. The trial court conducted the hearing on January 18, 2008, 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. 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 Chief Justice Radack, and Justices Jennings and Bland.

Do not publish.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