

 











 
 
 
 
 
                                                              
                                       NUMBER
13-10-00186-CR
 
                                 COURT
OF APPEALS
 
                     THIRTEENTH
DISTRICT OF TEXAS
 
                         CORPUS
CHRISTI - EDINBURG
____________________________________________________________
 
LEONARD
WAYNE WHITE,                                                         Appellant,
 
                                                             v.
 
THE
STATE OF TEXAS,                                                                 Appellee.
____________________________________________________________
 
                          On
appeal from the 252nd District Court 
of Jefferson County,
Texas.
____________________________________________________________
 
                                      MEMORANDUM OPINION
 
Before Chief Justice Valdez and
Justices Yañez and Garza
Memorandum Opinion
Per Curiam
 
Appellant,
Leonard Wayne White, was convicted of injury to a child, elderly or disabled individual. 
On March 22, 2010, appellant filed a notice of appeal by and through his appointed
counsel.  Appellant’s counsel has filed a motion to dismiss the appeal. 
According to the motion, appellant has been reinstated on probation and no
longer desires to appeal.  Counsel has tried several times to get appellant to
sign the motion to dismiss, but appellant has failed to keep his appointments. 
Counsel states that appellant is not concerned about his appeal because his
sentence was reconsidered by the judge and he was placed back on probation.
Although
no written motion has been filed in compliance with Rule 42.2(a) of the Texas
Rules of Appellate Procedure, we conclude that good cause exists to suspend the
operation of Rule 42.2(a) in this case in accordance with Rule 2.  See Tex. R. App. P. 2.  Based upon
counsel’s sworn statements, counsel’s motion is granted and the appeal is
DISMISSED.    
PER
CURIAM
Do not publish.  
Tex. R. App.
P. 47.2(b).  
Delivered and filed the
5th day of August, 2010.

