                            NUMBER 13-20-00083-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

DALE GENE MCGUYER,                                                          Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 220th District Court
                   of Bosque County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

              Before Justices Benavides, Perkes, and Tijerina
                 Memorandum Opinion by Justice Perkes

      On January 24, 2020, appellant filed a notice of appeal by and through his attorney.

This appeal was transferred to this Court from the Tenth Court of Appeals by order of the

Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a). Counsel for appellant

subsequently filed a motion to withdraw as counsel and the trial court granted the motion.

On March 2, 2020, this Court abated the appeal and ordered the trial court to determine

whether appellant desired to prosecute this appeal and whether appellant was entitled to
a court-appointed attorney.

       This Court received and reviewed the trial court's supplemental clerk’s and

reporter’s records which reflect the appellant does not wish to proceed with the appeal

after being advised he may be entitled to court-appointed counsel.

       Accordingly, this case is hereby REINSTATED. Although no written motion has

been filed in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure,

based upon the evidence at the hearing clearly indicating appellant does not want to

continue his appeal, we conclude 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.


                                                      GREGORY T. PERKES
                                                      Justice


Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed the
30th day of April, 2020.




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