JOSE LUIS DE LA GARZA

THE STATE OF TEXAS, Appellee.

On appeal from the 197^th District Court of Cameron County, Texas.

Assuming without deciding that appellant Jose Luis De La Garza has the right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2)(B), I concur with the result the majority opinion reaches. In particular, I rely on Hatten v. State, 71 S.W.3d 332 (Tex. Crim. App. 2002) to reach the same result in the resolution of the first, second, and third issues presented. Regarding the fourth issue presented, I conclude that the trial court substantially complied with article 26.13 admonishments, orally and in writing, even though not required to do so. Johnson v. State, 614 S.W.2d 116, 120 n.1 (Tex. Crim. App. 1981) (en banc). Further, De La Garza has not shown harm. Tex. R. App. P. 44.2.

ERRLINDA CASTILLO

Justice

Do not publish.

Tex. R. App. P. 47.2(b).

Concurring Memorandum Opinion delivered

and filed this 9th day of June, 2005.