NUMBER 13-11-00082-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
VICTOR AMAYA RIOS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 36th District Court
of San Patricio County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Vela, and Perkes
Memorandum Opinion Per Curiam
Appellant, Victor Amaya Rios, was convicted of bail jumping. Appellant filed a pro
se notice of appeal and on August 18, 2011, appointed counsel filed a motion to dismiss
the appeal. Counsel advised this Court that the appellant did not wish to proceed with
his appeal, but was unwilling to sign the motion to dismiss. On August 25, 2011, this
Court denied the motion to dismiss because it did not contain the appellant’s signature
and abated the appeal with instructions to the trial court to make findings as to whether
the appellant had abandoned his appeal. See TEX. R. APP. P. 42.2 (a).
Based on the trial court hearing, the trial court judge found that appellant does not
desire to prosecute the appeal. Although no written motion has been filed in compliance
with Rule 42.2(a) of the Texas Rules of Appellate Procedure, based upon the evidence 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
Do not publish. See TEX. R. APP. P. 47.2(b).
Delivered and filed the 29th
day of September, 2011.
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