Silena Lashundran Gardner v. State
Silena Lashundran Gardner v. State
Opinion
In The Court of Appeals Ninth District of Texas at Beaumont ___________________ NO. 09-14-00429-CR ___________________ SILENA LASHUNDRAN GARDNER, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 14-18813 __________________________________________________________________ MEMORANDUM OPINION On October 2, 2014, we notified the parties that our jurisdiction was not apparent from the notice of appeal and that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. Gardner filed a response, but failed to establish this Court’s jurisdiction.
The notice of appeal seeks to appeal the trial court’s order continuing Gardner’s community supervision and imposing additional conditions. The trial court’s order is not appealable. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim.
1 App. 1977) (Appellate court lacks jurisdiction on direct appeal from an order modifying the terms and conditions of probation.); see also Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d). Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
______________________________ LEANNE JOHNSON Justice Submitted on October 28, 2014 Opinion Delivered October 29, 2014 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.
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