Emeka Agboh v. State

• Court: Court of Appeals of Texas
• Decided: July 24, 2008
• Docket: 14-08-00379-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 24, 2008

Dismissed and Memorandum Opinion filed July 24, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00375-CR

NO. 14-08-00379-CR

EMEKA AGBOH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1107473 & 1107147

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of Aguilty@ to two separate charges of theft.  On April 18, 2008, the trial court, in each case, sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice, the sentences to run concurrently.  Appellant filed a notice of appeal in both cases on April 15, 2008. 

On June 19, 2008, this court ordered a hearing to determine whether counsel should be appointed for the appeals.  On July 7, 2008, the trial court conducted the hearing, and the record of the hearing was filed in this court on July 9, 2008.

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

Appellant has not filed a written motion to withdraw the appeals or a written motion to dismiss the appeals.  See Tex. R. App. P. 42.2(a).  However, 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 this case.  See Tex. R. App. P. 2.

Accordingly, we dismiss both appeals.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 24, 2008.

Panel consists of Justices Frost, Seymore, and Guzman.

Do Not Publish C Tex.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