Dismissed and Memorandum Opinion filed April 9, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00993-CR

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JESSE NAVA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 1515688

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to driving while intoxicated.  On October 22, 2008, the trial court sentenced appellant to confinement for three days in the Harris County Jail and assessed a fine of $500.  Appellant filed a notice of appeal on October 22, 2008. 

On February 26, 2009, this court ordered a hearing to determine whether appellant was entitled to proceed without the payment of costs.  On March 6, 2009, the trial court conducted the hearing, and the record of the hearing was filed in this court on March 27, 2009.

At the hearing, appellant confirmed he wished to withdraw his appeal.  Appellant has not filed a written motion to withdraw the appeal or a written motion to dismiss the appeal.  See Tex. R. App. P. 42.2(a).  However, based upon the testimony at the hearing that 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.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan.

Do Not Publish C Tex. R. App. P. 47.2(b).