Oliver, Donna Michelle v. State

• Court: Court of Appeals of Texas
• Decided: September 19, 2002
• Docket: 01-02-00699-CR
• Status: Published

Opinion

Opinion issued September 19, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00699-CR

DONNA M. OLIVER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 33,909

MEMORANDUM OPINION

According to the clerk's record filed in this appeal, appellant was charged by indictment with tampering with a governmental record. On July 2, 2001, appellant was convicted on her plea of guilty, and sentenced to 10 years confinement, probated for four years, and a fine of $100. No appeal was taken from that judgment.

The State filed a motion to revoke community supervision on December 18, 2001. After a hearing on May 29, 2002, the trial court did not revoke appellant's community supervision, but it entered an order on June 5, 2002, modifying the probationary conditions. Appellant filed a pro se notice of appeal from that order.

No appeal may be taken from an order modifying the conditions of community supervision. 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).

Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hedges, Keyes, and Duggan. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1. The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.