Robert Kellogg v. State ( 2006 )

Opinion issued February 16, 2006  

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-05-00734-CR

          01-05-00735-CR

___________

ROBERT KELLOGG, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause Nos. 1033377 and 1033378

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MEMORANDUM OPINIONOn October 24, 2005, appellant’s counsel filed a motion to dismiss the appeal. The motion does not comply with Rule 42.2(a) of the Texas Rules of Appellate Procedure because it was not signed by appellant. See Tex. R. App. P. 42.2(a). On November 18, 2005, appellant’s counsel filed in this Court a notarized affidavit signed by appellant Robert Cody Kellogg that requests the above-referenced appeals be dismissed. Given appellant’s expressed desire to forego pursuit of his appeals, 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 appeals are dismissed.

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

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Higley and Bland..

Do not publish.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