Silena Lashundran Gardner v. State

• Court: Court of Appeals of Texas
• Decided: November 7, 2014
• Docket: 09-14-00429-CR
• Status: Published

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.

1 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Submitted on October 28, 2014 Opinion Delivered October 29, 2014 Do Not Publish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.