Tuan Van Ly v. State

• Court: Court of Appeals of Texas
• Decided: February 17, 2011
• Docket: 14-10-01005-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 17, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-01005-CR

TUAN VAN LY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

  Harris County, Texas

Trial Court Cause No. 643995

M E M O R A N D U M   O P I N I O N

This appeal arises from the denial of a motion for DNA testing.  On January 10, 2011, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal.  On January 26, 2011, the trial court conducted the hearing, and the record of the hearing was filed in this court on February 1, 2011.

At the hearing, appellant, together with his counsel, confirmed 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

Panel consists of Justices Brown, Boyce, and Jamison.

Do Not Publish C  Tex.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