                            NUMBER 13-13-00478-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

LARRY HOWARD NEMEC,                                                        Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 2
                   of Victoria County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

               Before Justices Garza, Benavides, and Perkes
                    Memorandum Opinion Per Curiam

      Appellant, Larry Howard Nemec, was convicted of driving while intoxicated. On

May 22, 2008, appellant filed a notice of appeal. On February 3, 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. Counsel subsequently

filed a motion to withdraw the appeal, but it did not contain appellant’s signature as

required by Texas Rule of Appellate Procedure 42.2. See TEX. R. APP. P. 42.2.
       At the trial court hearing, counsel appeared and stated that appellant no longer

wishes to pursue the appeal and has authorized counsel to dismiss the case. The trial

court judge recommends the appeal be dismissed. This appeal is hereby REINSTATED.

Although no written motion has been filed in compliance with Rule 42.2(a) of the Texas

Rules of Appellate Procedure, based upon the evidence 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

Do not publish.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

Delivered and filed the
8th day of May, 2014.




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