Court of Criminal Appeals of Texas October 28, 1998, 37,080-02 (Ex Parte Rodriguez)

BAIRD, Judge,

concurring.

The trial judge in the instant case denied applicant’s attempt to withdraw his plea of guilt. Applicant sought to appeal that decision. The Court of Appeals, relying upon an

ex parte

affidavit from the trial judge attached to the State’s brief, ruled the trial judge had not given permission for applicant to appeal his case.

Rodriguez v. State,

No.