Darias Denere Adkins v. The State of Texas Appeal from 405th District Court of Galveston County (memorandum opinion per curiam)
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Motion granted, appeal dismissed, and Memorandum Opinion filed August 29, 2023. In The Fourteenth Court of Appeals NO. 14-23-00596-CR DARIAS DENERE ADKINS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 22-CR-2015 MEMORANDUM OPINION On July 11, 2023, a notice of appeal was filed with the trial court in this matter. On August 23, 2023, appellant’s counsel filed a motion to withdraw the notice of appeal. The motion reflects that appellant communicated to his counsel that he did not want to pursue this appeal. Moreover, the motion was accompanied by a transcript of a hearing the trial court held on August 3, 2023, which appellant, appellant’s counsel, and counsel for the State attended. During the hearing, appellant repeatedly reaffirmed that he did not want to pursue this appeal. Appellant has not signed the motion to withdraw the notice of appeal. See Tex. R. App. P. 42.2(a). However, based upon the testimony at the hearing that appellant does not want to pursue this appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case. See Tex. R. App. P. 2. Accordingly, we grant the motion and dismiss the appeal. PER CURIAM Panel consists of Justices Wise, Zimmerer, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b). 2
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