Opinion issued August 5, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00446-CR

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TRACY LYNN SILDA

aka TRACY LYNN CULPEPPER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 28,851

MEMORANDUM OPINION

               We abated the above-referenced appeal and remanded the case to the trial court for an indigency hearing on July 15, 2004. Among the issues the trial judge was to consider was whether appellant desired to pursue the appeal. The trial court conducted the hearing on July 22, 2004, and a supplemental reporter’s record has been filed in this Court. At the hearing, appellant stated that she wished to dismiss this appeal. Along with the supplemental record, the trial court sent the Clerk of this Court a letter to which he attached a copy of appellant’s written motion to dismiss appeal that she signed in the trial court on the hearing date.

               We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal in this Court, as required by Rule 42.2(a). See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of her appeal, 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. We have not yet issued a decision. Accordingly, the appeal is dismissed.

               The clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).