IN THE

TENTH COURT OF APPEALS

No. 10-10-00177-CR

Ripley Leslie,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court No. FO-06-18465

We abated this case to the trial court to hold a hearing and to determine why Appellant’s Brief had not been filed.  In the hearing, held on October 1, 2010, Appellant stated on the record that he wished to abandon his appeal.

We invoke Rule 2 to suspend the motion requirement in Rule 42.2(a).  See Tex. R. App. P. 2, 42.2(a); Hendrix v. State, 86 S.W.3d 762, 762 & n.1 (Tex. App.—Waco 2002, no pet.).  Appellant has clearly stated his desire to abandon his appeal.  Accordingly, his appeal is dismissed.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal dismissed

Opinion delivered and filed November 10, 2010

Do not publish

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