Ray Emmett Madden v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2019
• Docket: 05-19-00431-CR
• Status: Published

Opinion

Dismissed; Opinion Filed April 22, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00431-CR

RAY EMMETT MADDEN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-40260-M

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Partida-Kipness On April 1, 2019, Ray Emmett Madden filed his notice of appeal. Two weeks later, his

appellate counsel filed a letter, stating that although he was appointed to represent appellant, the

trial court did not enter an order revoking appellant’s probation; rather, appellant’s probation

conditions had been modified. On April 17, 2019, the district clerk filed a copy of the trial court’s

March 20, 2019 “Order Modifying the Conditions of Community Supervision.”

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: one from order

granting probation and one 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 an appeal. Abbott v. State,

271 S.W.3d 694, 697 (Tex. Crim. App. 2008).

We dismiss this appeal.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 190431F.U05

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

RAY EMMETT MADDEN, Appellant On Appeal from the 194th Judicial District Court, Dallas County, Texas No. 05-19-00431-CR V. Trial Court Cause No. F15-40260-M. Opinion delivered by Justice Partida- THE STATE OF TEXAS, Appellee Kipness. Justices Whitehill and Pedersen, III participating.

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

Judgment entered this 22nd day of April, 2019.

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