Opinion
No. 09-08-063 CR
Opinion Delivered March 19, 2008. DO NOT PUBLISH.
On Appeal from the 359th District Court, Montgomery County, Texas, Trial Cause No. 06-04-03556-CR.
Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.
MEMORANDUM OPINION
On February 21, 2008, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and warned that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response. The State contests jurisdiction. The notice of appeal seeks to appeal the trial court's order continuing appellant'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.). Accordingly, we hold the order from which appellant appeals is not appealable. The appeal is dismissed for want of jurisdiction. APPEAL DISMISSED FOR LACK OF JURISDICTION.