Vernon Addison v. State

Dismissed and Memorandum Opinion filed October 30, 2012. In The Fourteenth Court of Appeals NO. 14-12-00452-CR VERNON ADDISON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 23rd District Court Brazoria County, Texas Trial Court Cause No. 67634 MEMORANDUM OPINION On May 8, 2012, appellant filed a notice of appeal challenging the trial court’s denial of his pretrial application for writ of habeas corpus. On July 26, 2012, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal. On October 22, 2012, the trial court conducted the hearing, and the record of the hearing was filed in this court on October 23, 2012. At the hearing, appellant, together with his counsel, confirmed that he had discussed the issues with counsel and determined that appellant no longer wished to pursue his 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 his 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 Seymore, Boyce, and McCally. Do Not Publish C Tex. R. App. P. 47.2(b). 2