                            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Do not publish.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.




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