Noe Noyola v. State

Opinion

                                       NUMBER 13-10-00334-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

NOE NOYOLA,                                                                               Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                 Appellee.

                           On appeal from the 105th District Court

of Nueces County, Texas.

                                      MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Rodriguez and Perkes

                               Memorandum Opinion Per Curiam

Appellant, Noe Noyola, was convicted of possession of cocaine.  On June 18, 2010, appellant filed a pro se notice of appeal.  On August 31, 2010, this Court abated the appeal and remanded to the trial court because appointed counsel, the Honorable Deeanne S. Galvan, advised this Court that she no longer represented appellant and the record failed to indicate whether appellant was entitled to appointed counsel on appeal. 

At the trial court hearing, appellant appeared with retained counsel, the Honorable Dee Ann Torres, and stated that he did not desire to prosecute an appeal in this cause.  At the hearing it was established that neither Ms. Galvan nor Ms. Torres filed a notice of appeal on behalf of appellant and that appellant has chosen not to pursue an appeal.

Based upon the evidence at the hearing that appellant does not want to pursue an 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

Do not publish.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

Delivered and filed the 3rd

day of February, 2011.