Robert Garza Jr. v. The State of Texas--Appeal from 262nd District Court of Harris County

Opinion issued November 29, 2007

In The

Court of Appeals

For The

First District of Texas

___________

NO. 01-07-00565-CR

___________

ROBERT GARZA, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1120564

MEMORANDUM OPINION

Counsel for appellant, Robert Garza, Jr., at the written request of appellant, has filed a motion to dismiss the above-referenced appeal. The motion does not contain both the signature of appellant and his attorney. See Tex. R. App. P. 42.2(a). However, appellant's counsel has attached to the motion appellant's written request to withdraw the appeal. 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 appeal in accordance with Rule 2. See Tex. R. App. P. 2.

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

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

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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