John Jackson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 1, 2022
• Docket: 05-22-00861-CR
• Status: Published

Opinion

DISMISS and Opinion Filed September 1, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00861-CR

JOHN JACKSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F21-54009-X

MEMORANDUM OPINION Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III Opinion by Chief Justice Burns John Jackson filed a notice of appeal on August 29, 2022, stating he wished

to appeal the trial court’s August 2, 2022 order modifying the terms and conditions

of his probation.

Orders modifying conditions of community supervision are not appealable

orders. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); see Davis v.

State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) (legislature has authorized

appeal in two instances: from order granting probation and from order revoking

probation; there is no legislative authority for entertaining a direct appeal from an

order modifying the conditions of community supervision). Without an appealable order, this Court has no jurisdiction to entertain this appeal. Abbott v. State, 271

S.W.3d 694, 697 (Tex. Crim. App. 2008); Nikrasch v. State, 698 S.W.2d 443, 450

(Tex. App.—Dallas 1985, no pet.).

We dismiss this appeal for want of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 220861F.U05

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

JOHN JACKSON, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-22-00861-CR V. Trial Court Cause No. F21-54009-X. Opinion delivered by Chief Justice THE STATE OF TEXAS, Appellee Burns. Justices Myers and Pedersen, III participating.

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

Judgment entered September 1, 2022

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