Martin Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: June 21, 2007
• Docket: 13-07-00263-CR
• Status: Published

Opinion

NUMBER 13-07-263-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

MARTIN HERNANDEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 347th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

This is an attempted appeal from an order imposing sanctions on appellant and continuing or modifying the terms and conditions of appellant's community supervision. We dismiss the appeal for want of jurisdiction.

An order modifying the conditions of probation is not a separately appealable order. See Davis v. State, 195 S.W.3d 708, 710-11 (Tex. Crim. App. 2006); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.-Houston [1st Dist.] 1999, pet. ref'd); see also Tex. Code Crim. Proc. Ann. art. 11.072 (Vernon 2005) (establishing procedures for an application for writ of habeas corpus seeking relief from a community supervision order). 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.-San Antonio 1998, no pet.).

Because the trial court's order of May 17, 2007 merely modified the conditions of appellant's probation and did not revoke his probation, the order is not appealable. Accordingly, the appeal is dismissed for want of jurisdiction.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed this

the 21^st day of June, 2007.