Rodney Coats v. State

• Court: Court of Appeals of Texas
• Decided: September 28, 2006
• Docket: 13-06-00447-CR
• Status: Published

Opinion

NUMBER 13-06-447-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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RODNEY COATS,                                                                       Appellant,

v.

THE STATE OF TEXAS,                                                               Appellee.

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On appeal from the 347th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

          Appellant seeks to appeal from an order continuing or modifying community supervision. We dismiss the appeal for want of jurisdiction.

          In Basaldua v. State, 558 S.W.2d 2 (Tex. Crim. App. 1977), the Court held that a defendant may not appeal from an order continuing a defendant on probation with amended terms and conditions. There is neither constitutional nor statutory authority which would confer jurisdiction on this Court to hear an appeal from an order modifying probationary conditions. Basaldua, 558 S.W.2d at 5.

          Accordingly, the appeal is dismissed.

                                                                           PER CURIAM

Do not publish.

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

Memorandum Opinion delivered and filed this

the 28th day of September, 2006.