Ex Parte Marvin R. Zepeda

Motion Granted; Appeal Dismissed and Memorandum Opinion filed February 6, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-00914-CR

EX PARTE MARVIN R. ZEPEDA, Appellant

On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 1354291A

MEMORANDUM OPINION

The trial court denied appellant’s application for writ of habeas corpus and appellant filed a timely notice of appeal.

On January 27, 2014, appellant filed a motion to voluntarily dismiss this appeal. The motion is not signed by appellant as required by Texas Rule of Appellate Procedure 42.2(a). However, appellant’s counsel avers that appellant has been deported to her country of nationality, El Salvador, and no longer wishes to pursue this appeal. Counsel stated that “All facts recited in this motion are within the personal knowledge of the counsel signing this motion[.]”

Based on counsel’s statement that it is within his personal knowledge that appellant has been deported to El Salvador and no longer wishes to pursue this 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 Boyce, Christopher, and Brown. Do Not Publish — Tex. R. App. P. 47.2(b).

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