Silena Lashundran Gardner v. State

Court of Appeals of Texas·Decided November 7, 2014·No. 09-14-00429-CR·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.

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Submitted on October 28, 2014 Opinion Delivered October 29, 2014 Do Not Publish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

Free access — add to your briefcase to read the full text and ask questions with AI

Silena Lashundran Gardner v. State, (Tex. Ct. App. 2014).

Silena Lashundran Gardner v. State (Silena Lashundran Gardner v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Basaldua v. State
558 S.W.2d 2 (Court of Criminal Appeals of Texas, 1977)
Christopher v. State
7 S.W.3d 224 (Court of Appeals of Texas, 2000)