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.

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Bob Pemberton, Justice

Before Justices Kidd, B. A. Smith and Pemberton

Dismissed

Filed: March 4, 2004

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