Lilly Le v. State

Opinion issued May 12, 2011 In The Court of Appeals For The First District of Texas ———————————— NO. 01-09-01052-CR NO. 01-09-01053-CR ——————————— LILLY LE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 185th District Court Harris County, Texas Trial Court Cause Nos. 1103719 and 1103720 MEMORANDUM OPINION On April 28, 2011, the trial court held a hearing at which appellant, Lilly Le, appeared via teleconference and was represented by counsel. Appellant stated her desire to withdraw her appeals, and the trial court confirmed she had discussed her decision with counsel. We construe appellant’s request to withdraw her appeals as a motion to dismiss. See Tex. R. App. P. 42.2(a); Crawford v. State, 226 S.W.3d 688, 688 (Tex. App.—Waco 2007, no pet.). Rule of Appellate Procedure 42.2 states that appellant and her attorney must sign any motion to dismiss. See Tex. R. App. P. 42.2(a). Appellant has not filed a signed motion with this Court. The record reflects, however, that appellant stated at the hearing that she desired to withdraw her appeals, and that she had previously discussed this desire with her attorney. Based upon appellant’s testimony at the hearing and the trial court’s finding that appellant wishes to withdraw her appeals, we conclude that good cause exists to suspend the operation of Rule 42.2(a). See Tex. R. App. P. 2, 42.2(a). We have not yet issued an opinion. Accordingly, the motion is granted and the appeal is dismissed. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Higley, and Alcala. Do not publish. Tex. R. App. P. 47.2(b).