                             NUMBER 13-14-00013-CR

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

MARK RODRIGUEZ,                                                                Appellant,

                                              v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

              On appeal from the 28th District Court
                   of Nueces County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
      Before Chief Justice Valdez and Justices Garza and Longoria
                   Memorandum Opinion Per Curiam

       Appellant, Mark Rodriguez, was convicted of theft.        On December 23, 2013,

appellant filed a notice of appeal. On May 30, 2014, this Court abated the appeal

because of counsel’s failure to file a brief and ordered the trial court to determine whether

appellant desired to prosecute this appeal.

       At the trial court hearing, counsel appeared and stated that appellant had been

released from jail and could not be located. The trial court made findings regarding the
efforts made by counsel to locate the appellant and recommended that appellant has

abandoned the appeal and the appeal should be dismissed. Accordingly, this case is

hereby REINSTATED.

      Based upon the recommendation of the trial court that appellant has abandoned

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



Do not publish.
See TEX. R. APP. P. 47.2(b).

Delivered and filed the
9th day of October, 2014.




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