Woodrow Miller v. State

• Court: Court of Appeals of Texas
• Decided: April 27, 2006
• Docket: 14-06-00293-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 27, 2006

Dismissed and Memorandum Opinion filed April 27, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00293-CR

WOODROW MILLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 876,249

M E M O R A N D U M   O P I N I O N

Appellant pled nolo contendere to the offense of indecency with a child.  In accordance with a plea bargain, appellant was placed on seven years= deferred adjudication probation by order signed May 20, 2002.  Appellant filed a notice of appeal on June 19, 2002.  A panel of this court issued an opinion on September 30, 2004, dismissing the appeal.  Miller v. State, 2004 WL 2187136 (Tex. App.BHouston [14th Dist] Sept. 30, 2004, pet. ref=d).  On March 10, 2006, appellant filed another notice of appeal complaining of the order signed May 2, 2002, and the First Amended Conditions of Community Supervision, signed by the trial judge on March 9, 2006.

This court does not have jurisdiction to consider another appeal from the order signed by the trial court on May 20, 2002.  Our judgment of September 30, 2004, is final.  Exclusive post‑conviction jurisdiction of the case has passed to the Texas Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).  Furthermore, this court does not have jurisdiction to consider an appeal from an order altering or modifying probation conditions. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App.1977).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 27, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).