Kenneth Floyd Luthi v. State

• Court: Court of Appeals of Texas
• Decided: October 14, 2010
• Docket: 14-10-00912-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 14, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00912-CR

KENNETH FLOYD LUTHI, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1252086

M E M O R A N D U M   O P I N I O N

            Appellant entered a plea of guilty to driving while intoxicated and was sentenced to confinement for six years in the Institutional Division of the Texas Department of Criminal Justice.  A notice of appeal was filed on September 17, 2010. 

            On October 1, 2010, the trial court conducted a hearing.  The record of the hearing was filed in this court on October 4, 2010.  At the hearing, appellant advised the trial court that he does not desire to prosecute 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 upon 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 Seymore, Boyce, and Christopher.

Do Not Publish — Tex.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