In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00833-CR

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PETER GILBERT CONTRERAS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 917678

MEMORANDUM OPINION

          On October 8, 2009, we abated this appeal and ordered a hearing in the trial court to determine whether appellant, Peter Gilbert Contreras, desired to prosecute his appeal. We ordered the trial court to conduct the hearing within 60 days.

           On November 17, 2009, the trial court conducted the hearing, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that he wished to withdraw his appeal.

          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.

          We deny as moot any pending motions.

          The clerk of this Court is directed to issue the mandate within 15 days. Tex. R. App. P. 18.1.PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Massengale.

Do not publish.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