Court of Civil Appeals of Texas, 2014

Ashley Turk v. State

Ashley Turk v. State
Court of Civil Appeals of Texas · Decided August 25, 2014

Ashley Turk v. State

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00250-CR

ASHLEY TURK APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1348736 ---------- MEMORANDUM OPINION1 ---------- On June 30, 2014, Appellant Ashley Turk, acting pro se, filed a notice of appeal from the trial court’s “Supplement/Amendment to Conditions of Community Supervision.” On July 15, 2014, we notified Turk that it appears we lack jurisdiction over this matter because the trial court has not entered any appealable orders. We advised Turk that this appeal could be dismissed unless

See Tex. R. App. P. 47.4. she, or any party desiring to continue this appeal, filed a response showing grounds for continuing the appeal on or before July 25, 2014. Turk’s attorney filed a response, stating that he knew of no grounds for pursuing a direct appeal in this case because the trial court had not issued a final judgment.

We generally have jurisdiction to consider an appeal in a criminal case only when there has been a judgment of conviction. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). This court does not have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision. See Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) (“There is no legislative authority for entertaining a direct appeal from an order modifying the conditions of community supervision.”); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

PER CURIAM PANEL: GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 25, 2014

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