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

MEMORANDUM OPINION

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Bob Pemberton, Justice Before Justices Kidd, B. A. Smith and Pemberton Dismissed Filed: March 4, 2004 Do Not Publish