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Gardner v. State

Court of Appeals Ninth District of Texas at Beaumont
Oct 29, 2014
NO. 09-14-00429-CR (Tex. App. Oct. 29, 2014)

Opinion

NO. 09-14-00429-CR

10-29-2014

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.

/s/_________

LEANNE JOHNSON

Justice
Submitted on October 28, 2014
Opinion Delivered October 29, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.


Summaries of

Gardner v. State

Court of Appeals Ninth District of Texas at Beaumont
Oct 29, 2014
NO. 09-14-00429-CR (Tex. App. Oct. 29, 2014)
Case details for

Gardner v. State

Case Details

Full title:SILENA LASHUNDRAN GARDNER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Oct 29, 2014

Citations

NO. 09-14-00429-CR (Tex. App. Oct. 29, 2014)