Christian Aurelio Urrutia v. State

• Court: Court of Appeals of Texas
• Decided: September 10, 2015
• Docket: 07-15-00214-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-15-00214-CR

CHRISTIAN AURELIO URRUTIA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 47th District Court Randall County, Texas Trial Court No. 24,177-A, Honorable Richard Dambold, Presiding

September 10, 2015

MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant, Christian Aurelio Urrutia, appeals an order modifying the terms of his

community supervision.1 We dismiss the appeal for want of jurisdiction.

The State moved to dismiss this appeal for want of jurisdiction because the

modification order is not a judgment of guilt or an appealable order. See TEX. R. APP. P.

25.2(a)(2). Appellant filed a response and concurs with the State’s motion.

1 On April 28, 2015, the trial court entered a Continuation and Modification Special Conditions order. It has long been held that 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); accord, Borner v. State, No. 05-15-00465-CR, 2015 Tex. App. LEXIS

7495, at *1 (Tex. App.—Dallas July 21, 2015, no pet. h.) (stating the same).

Accordingly, we grant the State’s motion to dismiss and dismiss the appeal for

lack of jurisdiction.

Brian Quinn Chief Justice

Do not publish.