David Wayne Campbell v. The State of Texas--Appeal from 359th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-502 CR
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DAVID WAYNE CAMPBELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 01-03-01652 CR
MEMORANDUM OPINION

On March 8, 2007, we abated the appeal and remanded the case to the trial court for a hearing to determine, among other things, whether the appellant desired to pursue his appeal. The trial court conducted the hearing on April 12, 2007. The appellant personally appeared at the hearing and in open court stated that he does not wish to pursue his appeal. A supplemental clerk's record and a supplemental reporter's record have been filed.

The appeal is reinstated. Although no written motion to dismiss has been filed, because of appellant's statements in open court in the presence of his attorney, good cause exists to suspend the operation of Rule 42.2(a) in accordance with Rule 2. See Tex. R. App. P. 2, 42.2(a). The appellant voluntarily abandoned the appeal before our opinion issued. Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

 

Opinion Delivered May 16, 2007

Do Not Publish

 

Before McKeithen, C.J., Gaultney and Horton, JJ.