Troy Douglas Conover v. State ( 2011 )

Opinion issued November 17, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00148-CR

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TROY DOUGLAS CONOVER, Appellant

V.

The State of Texas, Appellee

On Appeal from County Criminal Court at Law No. 11

Harris County, Texas

Trial Court Case No. 1561105

MEMORANDUM OPINION

          Appellant, Troy Douglas Conover, has filed a motion to dismiss the above-referenced appeal.  A hearing was held in the trial court on appellant’s motion, at which appellant appeared via teleconference and was represented by counsel.  The trial court found that appellant no longer wishes to prosecute the appeal. 

The Texas Rules of Appellate Procedure require that appellant and his counsel sign the motion to dismiss. See Tex. R. App. P. 42.2(a).  Here, counsel did not sign the motion.  However, based upon appellant’s testimony at the hearing and the trial court’s finding that appellant wishes to dismiss the appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a).  See Tex. R. App. P. 2, 42.2(a); Conners v. State, 966 S.W.2d 108, 110-11 (Tex. App—Houston [1^st Dist.] 1998, pet. ref’d).

We have not yet issued an opinion.  Accordingly, the motion is granted and the appeal is dismissed.  We dismiss any pending motions as moot.

The Clerk is directed to issue the mandate within 10 days of the date of this opinion.  Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Massengale.

Do not publish.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