Cleveland Jerom Morrison Jr v. State

Opinion

Opinion issued July 21, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00629-CR

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CLEVELAND JEROM MORRISON, JR., Appellant

V.

The State of Texas, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Case No. 1237220

MEMORANDUM OPINION

          Appellant, Cleveland Jerom Morrison, Jr., on September 29, 2010, appeared at a hearing before the trial court and stated his desire to dismiss his appeal and serve the time remaining on his sentence.

Texas Rule of Appellate Procedure 42.2(a) states that an appellant with his attorney “must sign” a motion to dismiss an appeal.  Although his request does not technically comply with rule 42.2(a), we rely on both the appellant’s testimony to the trial court and the trial court’s record of the proceedings to substantiate appellant’s desire to dismiss his appeal.  We conclude that appellant’s statements provide good cause for suspending the requirement that appellant sign a motion to dismiss.  See Conners v. State, 966 S.W.2d 108, 110-111 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d.).

We have not yet issued a decision.  Accordingly, we dismiss the appeal.

We deny any pending motions as moot.

We direct the Clerk to issue mandate within 10 days of the date of this opinion.  Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.

Do not publish.   Tex. R. App. P. 47.2(b).