Mark Alfred Diogu v. State

• Court: Court of Appeals of Texas
• Decided: January 12, 2006
• Docket: 14-05-00850-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 12, 2006

Dismissed and Memorandum Opinion filed January 12, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00850-CR

MARK ALFRED DIOGU, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 910,297

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of aggravated assault with a deadly weapon, and he was placed on community supervision for five years.  This court affirmed appellant=s conviction on direct appeal.  See Diogu v. State, No. 14-02-01068-CR (Tex. App.CHouston [14th Dist.] 2004, pet. ref=d) (not designated for publication).  On July 8, 2005, the trial court granted the State=s motion to revoke appellant=s community supervision.  Appellant filed a notice of appeal on August 5, 2005. 

On December 8, 2005, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  On December 15, 2005, the trial court conducted the hearing, and the record of the hearing was filed in this court on December 28, 2005.

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 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

Judgment rendered and Memorandum Opinion filed January 12, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.

Do Not Publish C Tex.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