Opinion
NO. 07-10-0347-CR
12-21-2011
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 57,774-E; HONORABLE DOUGLAS WOODBURN, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER DENYING REQUEST FOR AN APPEAL BOND
Appellant, Gregory Wayne Wilson, was convicted by a jury for possession of a controlled substance enhanced by two prior state jail felonies and assessed punishment at ten years confinement and a $7,500 fine. His conviction was affirmed by judgment of this Court. See Wilson v. State, No. 07-10-0347-CR, 2011 Tex.App. LEXIS 8487 (Tex.App. Oct. 25, 2011, no pet. h.). Appearing pro se, Appellant has requested permission to file an appeal bond. Because Appellant's conviction was affirmed, his request is moot and his motion is denied.
See Tex. Health & Safety Code Ann. § 481.115(b) (West 2010). An offense under this section is a state jail felony. Throughout the remainder of this opinion, provisions of the Texas Health and Safety Code will be cited as "section ___" and/or "§ ___."
See Tex. Penal Code Ann. § 12.42(a)(1) (West 2011). If it is shown on the trial of a state jail felony that a defendant has previously been convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
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Per Curiam Do not publish.