Betty Jean Simonds v. State

DISMISS; and Opinion Filed April 20, 2016.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-00177-CR

BETTY JEAN SIMONDS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4 Dallas County, Texas

Trial Court Cause No. F14-52069-K

MEMORANDUM OPINION

Before Justices Fillmore, Stoddart, and Schenck Opinion by Justice Fillmore

Betty Jean Simonds pleaded guilty to possession of methamphetamine in an amount less than one gram. The trial court deferred adjudication of guilt, placed appellant on two years’ community supervision, and assessed a $1,500 fine. The State later moved to adjudicate appellant’s guilt. However, the trial court did not adjudicate appellant’s guilt, but modified the conditions of her community supervision. Appellant filed a pro se notice of appeal from the trial court’s order modifying the conditions of supervision. An order modifying the conditions of community supervision is not an appealable order. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977) (no constitutional or statutory authority conferring appellate jurisdiction over order altering or modifying probation conditions).

We dismiss the appeal for want of jurisdiction.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish

TEX. R. APP. P. 47

160177F.U05

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BETTY JEAN SIMONDS, Appellant On Appeal from the Criminal District Court No. 4, Dallas County, Texas No. 05-16-00177-CR V. Trial Court Cause No. F14-52069-K. Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Stoddart and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 20th day of April, 2016.