Marquise Amini Summers v. State

Opinion issued March 11, 2010


 









In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-09-00600-CR

____________


MARQUIS AMINI SUMMERS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1171892




 

MEMORANDUM OPINION

          Because no brief had been filed for appellant, on January 15, 2010 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 February 8, 2010, 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.

          Any pending motions are denied as moot.

          The clerk of this Court is directed to issue the mandate within 15 days. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.

Do not publish.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