                          NUMBER 13-09-00362-CR

                          COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

ANTONIO GALLEGOS MORALES,                                              Appellant,

                                        v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 138th District Court
                  of Cameron County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Yañez and Garza
                  Memorandum Opinion Per Curiam

      Appellant, Antonio Gallegos Morales, was convicted of possession of marijuana.

On June 11, 2009, appellant filed a notice of appeal by and through his appointed

counsel.   Appellant’s counsel has filed an amended motion to dismiss the appeal.

According to the motion, appellant does not desire to prosecute the appeal and was

concerned about a possible retrial and increased sentence. Before appellant was able
to sign a motion to dismiss the appeal, appellant was paroled and deported to Mexico.

Counsel can no longer locate appellant.

       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Do not publish.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
15th day of July, 2010.




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