Vickie Denise Balser v. State ( 2006 )

Opinion issued November 30, 2006                                                                                       

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00886-CR

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VICKIE DENISE BALSER, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1055595

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MEMORANDUM OPINION

               Because the reporter’s record had not been filed and no counsel had made an appearance for appellant, we abated this appeal on November 1, 2006 and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal.

               The record reflects that on November 3, 2006, the trial court appointed Layton Duer to represent appellant. The trial court conducted the abatement hearing on November 6, 2006, and the supplemental record of that hearing has been filed in this Court. At the hearing on November 6, 2006, appellant stated that she wished to withdraw this appeal.

               We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal. See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed.

               Any pending motions are denied as moot.

               The clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).