Larry Lamont Borner v. State

Opinion

DISMISS; and Opinion Filed July 21, 2015.

S

Court of Appeals

In The

Fifth District of Texas at Dallas No. 05-15-00465-CR

LARRY LAMONT BORNER, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F14-16427-P

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Brown and Stoddart Opinion by Justice Brown

Larry Borner pleaded guilty to possession of cocaine in an amount less than one gram.

Pursuant to a plea agreement, the trial court sentenced appellant to two years’ confinement in a

state jail, probated for three years, and assessed a $1,500 fine. The State later moved to revoke

appellant’s community supervision. Following a hearing on March 25, 2015, the trial court

denied the motion to revoke and modified the conditions of appellant’s community supervision.

Appellant filed a notice of appeal from the trial court’s order denying the motion to revoke

community supervision. 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). Accordingly,

we lack jurisdiction over the appeal. See id.

We dismiss the appeal for want of jurisdiction.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47

150465F.U05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

LARRY LAMONT BORNER, Appellant On Appeal from the 203rd Judicial District Court, Dallas County, Texas No. 05-15-00465-CR V. Trial Court Cause No. F14-16427-P.

Opinion delivered by Justice Brown, Chief THE STATE OF TEXAS, Appellee Justice Wright and Justice Stoddart participating.

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

Judgment entered this 21st day of July, 2015.