Dinesh Deepak Batra v. State ( 2006 )

Opinion issued November 16, 2006  

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-05-00152-CR

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DINESH DEEPAK BATRA, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from County Criminal Court at Law No. 13

Harris County, Texas

Trial Court Cause No. 1259332

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MEMORANDUM OPINION

               Because no brief had been filed for appellant, we abated this appeal 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 trial court conducted the hearing on October 30, 2006, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that he 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.

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

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish.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