Opinion issued May14, 2009                                                           

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00425-CR

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FAVIOLA RIOS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 13

Harris County, Texas

Trial Court Cause No. 1498630

MEMORANDUM OPINION

               Because the reporter’s record had not been filed, we abated this appeal and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. The trial court conducted the hearing on April 17, 2009, and the supplemental record of that hearing has been filed in this Court. At the hearing, appellant stated that she wished to withdraw this 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 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 within 10 days. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.

Do not publish.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