Edgar Francisco Garcia v. The State of Texas--Appeal from County Court At Law No 1 of Webb County

MEMORANDUM OPINION
No. 04-02-00648-CR
Edgar Francisco GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 1, Webb County, Texas
Trial Court No. 2001-CRB-000890-L1
Honorable Alvino Morales, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: April 2, 2003

DISMISSED

On March 3, 2003, this court abated this appeal to the trial court to hold a hearing to determine whether appellant desired to prosecute his appeal, whether appellant was indigent, and whether counsel had abandoned this appeal. See Tex. R. App. P. 38.8(b). The record of that hearing has been filed in this Court. Although appellant was not present at the hearing, his appellate attorney was present. At the hearing, appellant's attorney presented a motion to dismiss the appeal, which was signed by appellant. Appellant, however, has not filed a written motion to withdraw the appeal in this Court. See Tex. R. App. P. 42.2(a). We believe that good cause exists to suspend the operation of Rule 42.2 in this case. See Tex. R. App. P. 2 (stating an appellate court can suspend a rule's operation in a particular case and order a different procedure). It is therefore ORDERED that this appeal is DISMISSED.

PER CURIAM

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