Silena Lashundran Gardner v. State
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-14-00429-CR
SILENA LASHUNDRAN GARDNER, Appellant V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court Jefferson County, Texas
Trial Cause No. 14-18813
MEMORANDUM OPINION
On October 2, 2014, we notified the parties that our jurisdiction was not apparent from the notice of appeal and that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. Gardner filed a response, but failed to establish this Court’s jurisdiction.
The notice of appeal seeks to appeal the trial court’s order continuing Gardner’s community supervision and imposing additional conditions. The trial court’s order is not appealable. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim.
App. 1977) (Appellate court lacks jurisdiction on direct appeal from an order modifying the terms and conditions of probation.); see also Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d). Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
LEANNE JOHNSON
Justice
Submitted on October 28, 2014 Opinion Delivered October 29, 2014 Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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