Jake Mitchell Cooper v. State ( 2010 )

Opinion issued April 22, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00264-CR

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Jake Mitchell Cooper, Appellant

V.

The State of Texas, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Case No. 1164927

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 January 4, 2010, 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 within 15 days.  Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.

Do not publish.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