TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-99-00290-CR

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Dennis Keith Harden, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF SAN SABA COUNTY, 33RD JUDICIAL DISTRICT

NO. 5074, HONORABLE DONALD V. HAMMOND, JUDGE PRESIDING

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In April 1998, appellant Dennis Keith Harden was convicted on his plea of guilty to possessing more than four ounces of marihuana. See Tex. Health & Safety Code Ann. § 481.121(a), (b)(3) (West Supp. 1999). The district court assessed punishment at incarceration in a state jail for one year and a $1000 fine, but suspended imposition of sentence and placed Harden on community supervision. The State moved to revoke supervision in February 1999. Following a hearing, the court modified the conditions of supervision to require Harden to serve a term of confinement in a substance abuse felony punishment facility and continued him on supervision. See Tex. Code Crim. Proc. Ann. art. 42.12, § 22(a)(4) (West Supp. 1999). Harden appeals from this order.

No appeal lies from an order modifying the conditions of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1997). Therefore, we dismiss this appeal for want of jurisdiction.

Mack Kidd, Justice

Before Justices Jones, Kidd and Patterson

Dismissed for Want of Jurisdiction

Filed: October 14, 1999

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