Janie Melendez v. State ( 2006 )

   Opinion to issue May 18, 2006

  In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00311

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JANIE MELENDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from County Criminal Court at Law No. 5

Harris County, Texas

Trial Court Cause No. 1341303

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MEMORANDUM OPINION

          On March 28, 2006, appellant, Janie Melendez, gave written notice of appeal. Two days later on March 30, 2006, appellant returned to court and stated that she wished to withdraw this appeal. The clerk’s record was filed on May 9, 2006. The record contains a docket sheet that provides “defendant appeared in open court and withdrew her notice of appeal.”

          Appellant has not filed a written motion to withdraw the appeal in this Court. See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of her 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 Taft and Nuchia.

Do not publish.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