11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Edward Lewis Caruthers, Jr.

Appellant

Vs.                   No.  11-03-00358-CR -- Appeal from Taylor County

State of Texas

Appellee

This appeal arises from proceedings which occurred in Trial Court Cause No. 21,087-A, styled: State of Texas vs. Edward Lewis Caruthers, Jr., in the 42nd District Court of Taylor County, Texas.  Edward Lewis Caruthers, Jr. entered an open plea of guilty in Trial Court Cause No. 21,087-A to the offense of felony theft on May 2, 2003.  On June 13, 2003, the trial court assessed appellant=s punishment at confinement in the State Jail Division of the Texas Department of Criminal Justice for a term of two years.  Appellant filed a notice of appeal with respect to this conviction on June 23, 2003.  Upon receiving the notice of appeal filed by appellant on June 23, 2003, this court docketed the appeal as Cause No. 11-03-00177-CR.  Appellant subsequently filed a motion to dismiss our Cause No. 11-03-00177-CR on July 2, 2003.^[1]  This court granted the motion to dismiss in a written opinion issued on July 10, 2003, and issued mandate on July 16, 2003.

After the dismissal of Cause No. 11-03-00177-CR, appellant forwarded several letters to the trial court and to this court with respect to his conviction in Trial Court Cause No. 21,087-A.  He filed a subsequent notice of appeal in Trial Court Cause No. 21,087-A on October 29, 2003.  Upon receiving the notice of appeal filed by appellant on October 29, 2003, this court docketed the appeal as Cause No. 11-03-00358-CR.  This court issued an order on July 15, 2004, in Cause No. 11-03-00358-CR so that the trial court could conduct a hearing to determine which order of the trial court appellant sought to appeal with respect to the notice of appeal filed on October 29, 2003.  The trial court conducted this hearing on August 2, 2004.  Appellant informed the trial court at the hearing that he wished to appeal his conviction in Trial Court Cause No. 21,087-A.

The conviction which appellant seeks to appeal in the instant appeal is the same conviction

which he appealed in Cause No. 11-03-00177-CR.  Our dismissal and issuance of the mandate in  Cause No. 11-03-00177-CR precludes appellant from seeking to appeal the conviction in  Trial Court Cause No. 21,087-A a second time. 

The appeal of Cause No. 11-03-00358-CR is dismissed.

PER CURIAM

September 9, 2004

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.