Nathan Eugene Rice v. State

• Court: Court of Appeals of Texas
• Decided: May 25, 2006
• Docket: 14-05-01262-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 25, 2006

Dismissed and Memorandum Opinion filed May 25, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01262-CR

NATHAN EUGENE RICE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 38,824A

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of one count of aggravated assault and one count of aggravated sexual assault.  On November 4, 2005, the trial court sentenced appellant to confinement for 99 years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal on November 23, 2005. 

On April 6, 2006, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  On April 13, 2006, the trial court conducted the hearing, and the record of the hearing was filed in this court on May 17, 2006.

At the hearing, appellant, together with his counsel, confirmed that appellant had agreed to withdraw his notice of appeal in this case as part of his plea bargains in related cases.  Accordingly, the trial judge determined that appellant no longer wishes to pursue this 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 May 25, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex.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