Ricardo Alguera v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-378 CR ______________________ RICARDO ALGUERA, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Cause No. 07-228138

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  MEMORANDUM OPINION

Ricardo Alguera filed a motion to dismiss his appeal. Alguera did not personally sign the motion. See Tex. R. App. P. 42.2. We abated the appeal and remanded the case to the trial court to determine whether the appellant desired to continue the appeal. The trial court determined that, after being removed from the country, Alguera communicated personally with an attorney associate in the office of his appellate counsel. The appellant informed appellate counsel that Alguera did not desire to continue the appeal, that he did not have an address at which he could receive mail, and that he could not mail a written request to dismiss the appeal.

We find good cause for suspending the requirement that the appellant personally sign the motion to dismiss the appeal. Tex. R. App. P. 2. The motion to dismiss the appeal is granted, and the appeal is dismissed.

APPEAL DISMISSED.

DAVID GAULTNEY

Justice

Opinion Delivered January 16, 2008

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.