                           NUMBER 13-09-00096-CR

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE VALDEZ,                                                              Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 347th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Jose Valdez, was convicted of aggravated sexual assault.           On

February 18, 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 is not able to read and has returned counsel’s letters unopened.

Appellant has advised counsel of his desire to withdraw his appeal by telephone on
September 8, 2010, but when counsel asked if appellant would sign a form stating his

desires, appellant responded that he could not read the form and did not trust anyone to

read it to him.

       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Do not publish.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
23rd day of September, 2010.




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