John Dockerty v. The State of Texas--Appeal from Co Crim Ct at Law No 11 of Harris County

Opinion to issue May 12, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00592-CR

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JOHN DOCHERTY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 11

Harris County, Texas

Trial Court Cause No. 126193

MEMORANDUM OPINION

Appellant, John Docherty, was convicted by a jury of the misdemeanor offense of driving while intoxicated, and the trial court assessed punishment at confinement for 30 days. On June 1, 2005, John Docherty gave timely pro se notice of appeal.

The trial court conducted a hearing on June 6, 2006. The trial court clerk s record contains the docket sheet for the date of June 6, 2006 with an entry that states: Hearing held, notice of appeal withdrawn, notify court of appeal. The clerk s record also contains a motion styled pro se motion to dismiss appeal that states:

To the Honorable Judges of said Court: Comes now John Docherty, Defendant... and files this notice to dismiss appeal, appealing the conviction by a jury for the offense of driving while intoxicated on May 31, 2005 in County Criminal Court at Law No. 11. Defendant does not desire to pursue the appeal. John Docherty, pro se

Finally, the clerk s record contains an order dated June 6, 2006, signed by Judge Diane Bull that provides:

On this the 6th day of June 2005, a hearing was held and defendant, who appeared pro se stated that he wishes to withdraw this notice of appeal and said request is not due to indigence for the purpose of employing counsel or obtaining records. Request is hereby granted. Judge Diane Bull.

Appellant has not filed a written motion to withdraw the appeal with the Clerk of this Court. 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. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.

Do not publish.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