Opinion issued February 25, 2010
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-09-01051-CR
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TIMOTHY JAMES HALL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 1225492
MEMORANDUM OPINION
On December 28, 2009, appellant, Timothy James Hall, pro se, filed a document with the Clerk of this Court in which he stated his desire to waive his appeal. Because appellant’s written request to waive his appeal did not comply with the requirements for a motion to dismiss the appeal, we abated the appeal and remanded the case to the trial court to hold a hearing to determine whether appellant desired to pursue his appeal. See Tex. R. App. P. 42.2(a).
The trial court conducted the hearing on January 29, 2010, and the supplemental record of that hearing has been filed in this Court. At the hearing, the trial court questioned appellant as follows:
Court:Sir, we’re having an abatement hearing on – it’s my understanding that you no longer wish to move forward on your appeal in this case; is that right sir?
[appellant]: Yes, sir.
Court: You wish to waive your right of appeal at this time?
[appellant]: Yes.
Court: And go ahead and have the sentence that was imposed commence; is that right sir?
[appellant]: Yes.
Court:All right, sir. That will be placed on the record and I thank you so much.
We order the appeal reinstated.
Given appellant’s expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Texas Rule of Appellate Procedure 42.2(a) that requires a written motion to dismiss. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, we dismiss the appeal.
We deny any pending motions as moot and direct the Clerk of this Court to issue the mandate within 15 days. Tex. R. App. P. 18.1.
PER CURIAM
Panel consists of Justices Jennings, Hanks and Bland.
Do not publish. Tex. R. App. P. 47.2(b).