11th Court of Appeals

Eastland, Texas

Opinion

Donny-Joe Curry

            Appellant

Vs.                  No. 11-04-00089-CR – Appeal from Callahan County

State of Texas

            Appellee

            The trial court convicted Donny-Joe Curry of filing a fraudulent financial instrument and assessed his punishment at confinement for six years. However, the trial court suspended the imposition of the sentence and placed appellant on community supervision for six years. In its certification of defendant’s right to appeal, the trial court states that appellant “has waived his right to appeal” and that “in consideration of the court placing him” on community supervision, appellant “waives his right to appeal.”

            Appellant has not invoked the jurisdiction of this court. The appeal is dismissed.

                                                                                    PER CURIAM

May 20, 2004

Do not publish.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

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

Wright, J., and McCall, J.