

 











 
 
 
 
 
                                                              
                                       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Do not publish.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.

