James Phythian v. State

Opinion

Dismiss and Opinion Filed January 17, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01107-CR

JAMES EDWARD PHYTHIAN III, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F11-47313-T

MEMORANDUM OPINION Before Justices Francis, Lang-Miers, and Lewis Opinion by Justice Francis James Phythian pleaded guilty to possession of cocaine in an amount less than one gram.

The trial court deferred adjudication of guilt, placed appellant on community supervision for two

years, and assessed a $1,500 fine. After the State filed a motion to proceed to adjudication of

guilt, the trial court denied the motion, extended the term of appellant’s community supervision

by sixteen months, and modified the conditions of his supervision. Appellant’s counsel filed an

Anders brief stating that this Court has no jurisdiction over the appeal. We agree that we lack

jurisdiction over the appeal. An order amending community supervision conditions is not an

appealable order. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). We dismiss the appeal for want of jurisdiction.

/Molly Francis/ MOLLY FRANCIS JUSTICE

Do Not Publish TEX. R. APP. P. 47 131107F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JAMES EDWARD PHYTHIAN III, On Appeal from the 283rd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F11-47313-T. No. 05-13-01107-CR V. Opinion delivered by Justice Francis, Justices Lang-Miers and Lewis participating. THE STATE OF TEXAS, Appellee

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

Judgment entered January 17, 2014

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