Robert S. Shearer v. State ( 2010 )

Opinion issued April 22, 2010

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-06-00167-CR

          01-06-00168-CR

          01-06-00169-CR

          01-06-00170-CR

          01-06-00171-CR

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Robert S. Shearer, Appellant

V.

The State of Texas, Appellee

On Appeal from the County Court at Law No. 2

Galveston County, Texas

Trial Court Case No. 246188, 246194, 246197, 246200, and 246206

MEMORANDUM OPINION

          Because the complete record had not been timely filed, we abated the above-referenced appeals and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to pursue his appeals.  The trial court conducted a hearing on February 25, 2010, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that he no longer desires to prosecute his appeals.

          We order the appeals reinstated.  Appellant has not filed a written motion to dismiss the appeals.  See Tex. R. App. P. 42.2(a).  However, 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 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 within 10 days. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Higley.

Do not publish.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