Dismissed and Memorandum Opinion filed October 15, 2013

In The Fourteenth Court of Appeals NO. 14-13-00549-CR JOSEPH WAYNE PATTERSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 68941 MEMORANDUM OPINION

A jury convicted appellant of assault. On May 8, 2013, the trial court sentenced appellant to confinement for 270 days in the Brazoria County Jail.

Appellant filed a notice of appeal on May 8, 2013.

On September 19, 2013, this court ordered a hearing to determine why appellant’s counsel had not filed a brief in this appeal. The trial court conducted the hearing and the record of the hearing was filed in this court October 4, 2013.

At the hearing, appellant confirmed that he did not desire to prosecute 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 Chief Justice Frost and Justices McCally and Busby.

Do Not Publish — Tex.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