Opinion issued May 27, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00183-CR

____________

JESSE BRANCH, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 122nd District Court

Galveston County, Texas

Trial Court Cause No. 02CR2847

MEMORANDUM OPINION

               This Court granted a motion to abate the above-referenced appeal filed by appellant’s counsel, Thomas McQuage. We remanded the case to the trial court on April 1, 2004 for findings of fact. The hearing was conducted on May 7, 2004, and a supplemental record of the trial court’s findings has been filed. The findings state, in pertinent part:

The Court finds that the initial purpose of the hearing has become moot. Appellant stated on the record and after consulting with his attorney that he did not wish to pursue an appeal. Appellant stated that he was satisfied with the original plea and sentence. Appellant stated that he wished to abandon any appeal and waived any contest to whether he timely filed Notice of Appeal. Therefore, this Court finds the findings requested by the Court of Appeals are now moot as Appellant has affirmatively stated that he wishes to abandon his appeal and serve his fifteen-year sentence. This Court finds that Appellant’s appeal should be dismissed at Appellant’s request.

               We order the appeal reinstated. Appellant has not filed a written motion to withdraw the appeal. See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of his 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 Nuchia, Jennings, and Keyes.

Do not publish.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