Roy Lee, Jr. v. State ( 2008 )

Opinion issued June 19, 2008

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-07-00547-CR

____________

ROY LEE, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

---

  On Appeal from 174th District Court

Harris County, Texas

Trial Court Cause No. 1074253

---

MEMORANDUM OPINION

           On January 15, 2008, appellant Roy Lee, Jr., filed a pro se motion to dismiss the above-referenced appeal. On March 12, 2008, appellant filed a pro se motion to withdraw his appeal. On March 9, 2008, the Clerk of this Court received a letter from appellant advising that he still desired to withdraw his appeal and on March 27, 2008, the Clerk received a letter requesting assistance in dismissing his appeal. In his motions and letters, appellant explains that he has made attempts to get the signature of his attorney for the motion to dismiss the appeal but that his attorney has not responded.

          The Texas Rules of Procedure require the signature of the appellant and his counsel on a motion to dismiss the appeal. See Tex. R. App. P. 42.2(a). The documents filed by the appellant contain only the signature of the appellant. Given appellant’s expressed desire to forego pursuit of this appeal, we conclude that good cause exists to suspend the Rule 42.2(a) requirement for the attorney’s signature on the motion to dismiss. See Tex. R. App. P. 2.

          We have not yet issued a decision. Accordingly, we dismiss the appeal.

          We further dismiss all pending motions as moot.

          We direct the clerk of this Court to issue the mandate. See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish.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