Affirmed and Opinion filed April 10, 2012.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00345-CR ____________ RICKY NELSON GOODWIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 3 Harris County, Texas Trial Court Cause No. 9825856

MEMORANDUM OPINION After a jury trial, appellant was convicted of the offense of terroristic threat. On June 26, 1998, the trial court sentenced appellant to confinement for 100 days in the Harris County Jail.1 The clerk's record was filed but no reporter's record was filed. This court ordered a hearing to determine whether appellant desired to prosecute his appeal, and if so, whether Notice of appeal was given August 14, 1998, but was not processed by the clerk of the court until April 19, 2011. appellant was entitled to appointed counsel and/or a free reporter's record. Appellant did not appear. The trial court found that several attempts had been made to contact appellant to ascertain his intention regarding this appeal, including sending two letters return receipt requested, but no response had been received. The trial court concluded that appellant has abandoned his appeal.

Appellant has not filed a written motion to withdraw or to dismiss the appeal. See Tex.R.App. P. 42.2(a). However, based upon the finding of the trial court 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 Chief Justice Hedges and Justices Seymore and Brown.

Do not publish - TEX. R. APP. P. 47.2(b).