Emerson Buckley, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: November 16, 2006
• Docket: 14-06-00886-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 16, 2006

Dismissed and Memorandum Opinion filed November 16, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00886-CR

EMERSON BUCKLEY, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1033578

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to possession of less that one gram of cocaine.  On September 7, 2005, the trial court sentenced appellant to confinement for two years in the State Jail Division of the Texas Department of Criminal Justice, probated for two years.  On September 20, 2006, the trial court signed an order amending the conditions of appellant=s community supervision.  Appellant filed a pro se notice of appeal on September 25, 2006.

An order modifying probation is not a separately appealable order.  See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.CHouston [1st Dist.] 1999, pet. ref=d)..  Complaints about a modification order may be raised on appeal only when violation of the modified order forms the basis of a subsequent revocation.  See Elizondo v. State, 966 S.W.2d 671, 672 (Tex. App.CSan Antonio 1998, no pet.). 

This court=s jurisdiction is invoked when a defendant files a notice of appeal from a judgment or other appealable order within 30 days after sentence is imposed or suspended in open court, or after the trial court enters an appealable order.  Appellant=s notice of appeal, filed more than one year after sentence was imposed, is untimely to appeal from the judgment of conviction.  Because the trial court=s September 20, 2006, order merely modified the conditions of appellant=s probation and did not revoke his probation, the order is not appealable and we have no jurisdiction.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 16, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).