Kenneth Baze v. State

• Court: Court of Appeals of Texas
• Decided: February 14, 2013
• Docket: 05-12-01652-CR
• Status: Published

Opinion

DISMISS and Opinion Filed February 14, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01652-CR

KENNETH BAZE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F07-01229-T

OPINION Before Justices Francis, Lang, and Evans Opinion by Justice Francis In 2007, Kenneth Baze pleaded nolo contendere to the offense of injury to a child. The

trial court deferred adjudicating guilt and placed appellant on community supervision for ten

years. The State filed a motion to adjudicate guilt, which resulted in a five-year extension of

appellant’s community supervision. 1 Following a subsequent motion to adjudicate, the trial court

amended the conditions of appellant’s supervision to include that he have no form of contact

with any minor child under 17 years of age and that he not go within 1000 feet of any premise

where children under 17 years of age congregate or participate in activities in which children

under 17 years of age were involved.

1 We dismissed the appeal from this extension for want of jurisdiction. Baze v. State, No. 05-08-00672-CR (Tex. App.—Dallas Jan. 28, 2010, no pet.). On September 12, 2012, appellant filed a motion to lift the sex offender requirements.

The trial judge denied appellant’s motion, but gave appellant “permission” to appeal his ruling.

We sent appellant and the State a letter directing them to file letter briefs addressing our

jurisdiction over the appeal, but neither replied. For the reasons set forth below, we conclude we

lack jurisdiction over the appeal.

The clerk’s record contains a docket sheet entry reflecting the trial court’s ruling, but no

written order memorializing the ruling. A docket sheet entry does not satisfy the requirement of

a written order. See Shaw v. State, 4 S.W.3d 875, 878 (Tex. App.—Dallas 1999, no pet.).

Moreover, appellant’s community supervision was not revoked. Rather, the trial judge

denied appellant’s motion to modify the conditions of his community supervision. That order is

not an appealable order. See Basaldua v. State, 558 S.W.2d, 2, 5 (Tex. Crim. App. 1977). We

are aware of no statutory authority that allows the trial court to give a defendant in a criminal

case permission to appeal an otherwise unappealable interlocutory order. See TEX. CODE CRIM.

P. ANN. art. 44.02 (West 2006); TEX. R. APP. P. 25.2(b) (right to appeal in criminal cases); 31.1

(appeals in habeas bail, or extradition proceedings in criminal cases); Ex parte Burr, 139 S.W.3d

446, 447 (Tex. App.—Dallas 2004), pet. ref’d, 185 S.W.3d 451 (Tex. Crim. App. 2006).

We dismiss the appeal for want of jurisdiction.

/Molly Francis/ MOLLY FRANCIS JUSTICE

Do Not Publish Tex. R. App. P. 47 121652F.U05

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

KENNETH BAZE, Appellant On Appeal from the 283rd Judicial District Court, Dallas County, Texas No. 05-12-01652-CR V. Trial Court Cause No. F07-01229-T. Opinion delivered by Justice Francis, THE STATE OF TEXAS, Appellee Justices Lang and Evans participating.

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

Judgment entered February 14, 2013.