Tammy Jo Guthrie v. The State of Texas--Appeal from 147th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00718-CR NO. 03-05-00719-CR Tammy Jo Guthrie, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NOS. D-1-DC-05-301097 & D-1-DC-05-301102 HONORABLE WILFORD FLOWERS, JUDGE PRESIDING MEMORANDUM OPINION On September 15, 2005, Tammy Jo Guthrie was adjudged guilty of credit card abuse after pleading guilty in cause number D-1-DC-05-301097. The court imposed a 365-day jail term as called for in a plea bargain agreement. On Guthrie s motion, the court considered her unadjudicated credit card abuse offense in cause number D-1-DC-05-301102 in assessing punishment. See Tex. Pen. Code Ann. § 12.45 (West 2003). Guthrie filed pro se notices of appeal in both cause numbers on November 1, 2005. The notices of appeal were untimely. Tex. R. App. P. 26.2(a)(1). In addition, the trial court has certified that these are plea bargain cases and Guthrie has no right of appeal. See Tex. R. App. P. 25.2(a)(2), (d). The appeals are dismissed. __________________________________________ David Puryear, Justice Before Justices B. A. Smith, Patterson and Puryear Dismissed for Want of Jurisdiction Filed: November 22, 2005 Do Not Publish 2

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