Jon Kevin Fitzgerald v. The State of Texas--Appeal from 262nd District Court of Harris County
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Dismissed and Memorandum Opinion filed February 3, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-10-00409-CR ____________ JON KEVIN FITZGERALD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 262nd District Court Harris County, Texas Trial Court Cause No. 1194197 MEMORANDUM OPINION A jury convicted appellant of official oppression. On April 28, 2010, the trial court sentenced appellant to confinement for one year in the Harris County Jail. Appellant filed a timely notice of appeal. On November 4, 2010, this Court ordered a hearing to determine why appellant had not filed a brief in this appeal. See Tex. R. App. P. 38.8(b). On January 21, 2011, the trial court conducted the hearing. The record of the hearing was filed in this court on January 24, 2011. At the hearing, appellant testified that he no longer wished to pursue his appeal and asked that his notice of appeal be withdrawn. See Tex. R. App. P. 42.2. For good cause, we consider appellant s request made on the record at the hearing below without requiring appellant to file a written motion. See Tex. R. App. P. 2. Because this Court has not delivered an opinion, we grant appellant=s request. Accordingly, we order the appeal dismissed. We direct the Clerk of the Court to issue the mandate of the Court immediately. PER CURIAM Panel consists of Justices Anderson, Seymore and McCally. Do Not Publish C Tex. R. App. P. 47.2(b). 2
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