Benjamin Eugene Allen v. State

Court of Appeals of Texas·Decided August 20, 2015·No. 14-15-00331-CR·Published

Opinion

Dismissed and Memorandum Opinion filed August 20, 2015.

In The

Fourteenth Court of Appeals

NO. 14-15-00331-CR NO. 14-15-00332-CR

BENJAMIN EUGENE ALLEN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 8 Harris County, Texas

Trial Court Cause Nos. 2000793 & 2000794

MEMORANDUM OPINION

Appellant appeals his convictions for assault of a family member and evading arrest or detention. Tex. Penal Code Ann. §§ 22.01 & 38.04 (West Supp. 2014).

On June 23, 2015, this court ordered a hearing to determine why a reporter’s record in these appeals has not been filed. On July 1, 2015, the trial court

conducted the hearing, and the record of the hearing was filed in this court on August 12, 2015.

At the hearing, appellant stated that he no longer wished to pursue his appeals. 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). But, based upon the testimony at the hearing that appellant does not want to continue his appeals, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in these cases. See Tex. R. App. P. 2.

Accordingly, we dismiss the appeals.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).

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Related

§ 22.01
Texas PE § 22.01