Brian Keith Allen v. State ( 2006 )

Dismissed and Memorandum Opinion filed June 22, 2006

Dismissed and Memorandum Opinion filed June 22, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00158-CR

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BRIAN KEITH ALLEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 9

Harris County, Texas

Trial Court Cause No. 1321007

M E M O R A N D U M   O P I N I O N

On February 7, 2006, the trial court sentenced appellant to confinement for 240 days in the Harris County Jail.  Appellant filed a notice of appeal on February 8, 2006. 

On April 27, 2006, this court ordered a hearing to determine why no payment arrangements had been made for the reporter=s record.  On May 3, 2006, the trial court conducted the hearing, and the record of the hearing was filed in this court on May 24, 2006.

At the hearing, appellant, who appeared without counsel, confirmed that he no longer wished to pursue his appeal.  After questioning by the trial judge, appellant agreed that he understood he was waiving his right of 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

Judgment rendered and Memorandum Opinion filed June 22, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex.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