Betty Jean Simonds v. State

• Court: Court of Appeals of Texas
• Decided: April 20, 2016
• Docket: 05-16-00177-CR
• Status: Published

Opinion

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Do Not Publish TEX.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

–2– 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.

–3–