Certa B. Hardy v. State

Dismissed and Memorandum Opinion filed September 17, 2009.

 

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-01148-CR

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CERETA B. HARDY, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the County Criminal Court at Law No. 13

Harris County, Texas

Trial Court Cause No. 1525109

 

 

 

MEMORANDUM OPINION

Appellant was convicted of fraudulent destruction, removal, or concealment of a writing.  On December 10, 2008, she was sentenced to 90 days in the Harris County Jail.  Appellant filed a notice of appeal the same day. 

On July 2, 2009, this court ordered a hearing to determine why appellant had not filed a brief in this appeal.  On July 16, 2009, the trial court conducted the hearing, and the record of the hearing was filed in this court on September 11, 2009.

At the hearing, appellant confirmed that she had discussed the issues with counsel and determined that she no longer wished to pursue her appeal.

Appellant has not filed a written motion to withdraw the appeal or a written motion to dismiss the appeal.  See Tex. R. App. P. 42.2(a).  However, based upon the testimony at the hearing that appellant does not want to continue her appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case.  See Tex. R. App. P. 2.

Accordingly, we dismiss the appeal.

                                                                                    PER CURIAM

 

 

 

Panel consists of Justices Yates, Frost, and Brown.

Do Not Publish — Tex. R. App. P. 47.2(b).