Samuel Lee Jefferson v. State ( 2010 )

Dismissed and Memorandum Opinion filed September 30, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00230-CR

____________

SAMUEL LEE JEFFERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1186242

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of manslaughter.  On March 10, 2010, the trial court sentenced appellant to confinement for 12 years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal on March 10, 2010. 

On August 19, 2010, this court ordered a hearing to determine why appellant’s counsel had not filed a brief in this appeal.  On September 9, 2010, the trial court conducted the hearing, and the record of the hearing was filed in this court on September 16, 2010.

At the hearing, appellant, together with his counsel, confirmed that he had discussed the issues with counsel and determined that appellant no longer wished to pursue his appeal.

Appellant has not filed a written motion to withdraw the appeal or a written motion to dismiss the appeal.  See Tex. R. App. P. 42.2(a).  However, based on the testimony at the hearing that appellant does not want to continue his 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 dismiss the appeal.

PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown.

Do Not Publish — Tex. R. App. P. 47.2(b).