PER CURIAM

Appellant pleaded guilty to possessing less than twenty-eight grams of heroin. Controlled Substances Act, 71st Leg., R.S., ch. 678, sec. 1, § 481.115, 1989 Tex. Gen. Laws 2230, 2936 (Tex. Health & Safety Code Ann. § 481.115, since amended). Appellant also pleaded true to an enhancement paragraph alleging a previous felony conviction for possession of marihuana. The district court adjudged appellant guilty and assessed punishment, pursuant to a plea bargain agreement, at imprisonment for twenty years.

In his sole point of error, appellant contends the district court erred by overruling his pretrial motion to be punished under the terms of the Texas Health and Safety Code as amended effective September 1, 1994. We do not have jurisdiction to consider this point because appellant's notice of appeal does not contain the recital required by the "but clause" of rule 40(b)(1). Davis v. State, 870 S.W.2d 43, 46 (Tex. Crim. App. 1994); Tex. R. App. P. 40(b)(1).

The appeal is dismissed.

Before Justices Powers, Aboussie and Kidd

Dismissed for Want of Jurisdiction

Filed: January 31, 1996

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