Jose Luis De La Garza v. State













NUMBER 13-03-350-CR



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG




JOSE LUIS DE LA GARZA

, Appellant,

v.



THE STATE OF TEXAS, Appellee.




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




CONCURRING MEMORANDUM OPINION

Before Justices Yañez, Castillo, and Garza

Concurring Memorandum Opinion by Justice Castillo

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Do not publish.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.