Johnny Rodriguez v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00076-CR Johnny Rodriguez, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND DISTRICT COURT

NO. CR99-025, HONORABLE GARY L. STEEL, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Johnny Rodriguez was convicted in Comal County cause number CR99-025 of delivering a controlled substance to a minor. On appeal, this Court modified the trial court's judgment to delete a deadly weapon finding and affirmed the judgment of conviction as modified. Rodriguez v. State, 31 S.W.3d 772, 780 (Tex. App.--Austin 2000, pet. granted). Our judgment was affirmed by the court of criminal appeals. Rodriguez v. State, 104 S.W.3d 87 (Tex. Crim. App. 2003). That court's mandate has issued.

On January 4, 2004, Rodriguez filed a pro se notice of appeal in cause number CR99-025. Because he has already exercised his appellate rights in this cause, the appeal is dismissed for want of jurisdiction.

__________________________________________

Bob Pemberton, Justice

Before Justices Kidd, B. A. Smith and Pemberton

Dismissed

Filed: March 4, 2004

Do Not Publish