Dismissed and Memorandum Opinion filed March 25, 2010.
In The
Fourteenth Court of Appeals
____________
NO. 14-09-00431-CR
____________
BRANDON MICHAEL CAMPBELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 1207183
MEMORANDUM OPINION
A jury convicted appellant of aggravated assault. On May 6, 2009, the trial court sentenced appellant to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal on May 6, 2009.
On January 28, 2010, this court ordered a hearing to determine why appellant’s counsel had not filed a brief in this appeal. On February 24, 2010, the trial court conducted the hearing, and the record of the hearing was filed in this court on March 1, 2010.
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 Yates, Seymore, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).