                            NUMBER 13-10-00022-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE RAMOS,                                                                  Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

              On appeal from the 94th District Court
                   of Nueces County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

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

      Appellant, Jose Ramos, was convicted of assault.           On January 13, 2010,

appellant filed a notice of appeal by and through his attorney. Counsel for appellant

subsequently informed this Court that appellant did not intend to prosecute his appeal.

Counsel filed a motion to dismiss the appeal, but the motion was denied because it did not

contain appellant’s signature. See TEX. R. APP. P. 42.2 (a).
       On April 29, 2011, 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. Following the trial court hearing, the trial court issued an order that the appeal

be dismissed.

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

Texas Rules of Appellate Procedure, based upon the order issued by the trial court we

conclude that appellant does not want to continue his appeal and 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Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the
4th day of August, 2011.




                                             2
