Stephanie Ann Burchette v. State

Opinion issued August 5, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00252-CR

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Stephanie Ann Burchette, Appellant

V.

The State of Texas, Appellee

 

 

On Appeal from the 149th District Court

Brazoria County, Texas

Trial Court Case No. 54033

 

 

MEMORANDUM OPINION

Because no brief had been filed for appellant, Stephanie Ann Burchette, 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 June 16, 2010, and the reporter’s record of that hearing has been filed in this Court.  At the hearing, appellant stated that she 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 her 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 within 10 days.  Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Higley.

Do not publish.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