TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

444444444444444444444444444 ON MOTION FOR REHEARING 444444444444444444444444444

NO. 03-04-00549-CR

Willie Dan Majors, III, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 53011, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

SUPPLEMENTAL MEMORANDUM OPINION

Appellant Willie Dan Majors, III, pleaded guilty in 2002 to unlawfully carrying a weapon on a licensed premises. See Tex. Pen. Code Ann. § 46.02 (West 2003). The district court deferred adjudication and placed him on community supervision. One year later, the court adjudged Majors guilty but continued him on community supervision. Majors now appeals from an order revoking supervision and imposing a five-year sentence.

Majors’s attorney filed a brief stating that the appeal is frivolous. We affirmed the revocation order in an opinion dated March 31, 2005. Majors filed a pro se motion for rehearing and requested additional time to file a written response to his attorney’s brief. We deferred a ruling on the motion for rehearing and ordered Majors to tender a pro se brief or other written response to counsel’s brief by no later than May 31, 2005.

On May 24, the Court received a letter from Majors explaining why he believes that he received ineffective assistance from his attorney, who also represented him in the district court.

The allegations he makes are not supported by the record before us. This is a subject that must be pursued by means of post-conviction habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (West 2005).

The motion for rehearing is overruled.

__________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Puryear and Pemberton Motion for Rehearing Overruled Filed: June 16, 2005 Do Not Publish