Dismissed and Memorandum Opinion filed January 10, 2013.

In The Fourteenth Court of Appeals NO. 14-12-00552-CR LANDON DARREN ROTHSTEIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from County Criminal Court at Law No. 8 Harris County, Texas Trial Court Cause No. 1768115 MEMORANDUM OPINION

A jury convicted appellant of driving while intoxicated. On May 8, 2012, the trial court sentenced appellant to confinement for 180 days in the county jail.

The sentence was suspended and appellant was placed under community supervision for one year. Appellant filed a notice of appeal on June 7, 2012.

On October 25, 2012, this court ordered a hearing to determine why appellant’s counsel had not filed a brief in this appeal. On November 11, 2012, the trial court conducted the hearing, and the record of the hearing was filed in this court on December 12, 2012. At the hearing, appellant confirmed that he had discussed pursuing his appeal with several lawyers and determined that he no longer wished to pursue 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 Frost, Brown, and Busby.

Do Not Publish C Tex.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