Rebecca Jo Allen v. The State of Texas--Appeal from County Court at Law No. 1 of Caldwell County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00008-CR NO. 03-04-00015-CR Rebecca Jo Allen, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY NOS. 31,153 & 31,508, HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING MEMORANDUM OPINION After pleading guilty, appellant Rebecca Jo Allen was convicted of resisting arrest and obstructing a highway. See Tex. Pen. Code Ann. ยงยง 38.03, 42.03 (West 2003). Pursuant to a plea agreement, the court assessed her punishment at incarceration for 150 days and a $600 fine in the former cause, and at 90 days and a $300 fine in the latter. In both causes, imposition of sentence was suspended and appellant was placed on community supervision. Appellant represents herself on appeal. She has filed a brief raising three points of error: (1) the court abused its discretion by ruling that the warrantless search of appellant s property was reasonable; (2) the probative value of the evidence seized during the search was substantially outweighed by the risk of unfair prejudice; and (3) evidence of appellant s prior drinking was erroneously admitted. The record does not reflect that these matters were raised by written motion filed and ruled on before trial. See Tex. R. App. P. 25.2(a)(2)(A). After the appeals were set for submission, the Court received the trial court s certification that appellant has no right of appeal in these plea bargain cases. See id. rule 25.2(d). For the reasons stated, the appeals are dismissed. __________________________________________ Jan P. Patterson, Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: May 13, 2004 Do Not Publish 2

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