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Kerwin v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Dec 10, 2009
No. 13-09-00097-CR (Tex. App. Dec. 10, 2009)

Summary

reaching the same result in a case where appellant's counsel filed an Anders brief in an appeal of an order modifying the conditions of appellant's supervision to require him to enter a SAFPF

Summary of this case from Laureles v. State

Opinion

No. 13-09-00097-CR

Delivered and filed the December 10, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On appeal from the 105th District Court of Kleberg County, Texas.

Before Justices RODRIGUEZ, GARZA, and BENAVIDES.


MEMORANDUM OPINION


Appellant, Robert Kerwin, appeals from an order modifying his community supervision to require his attendance at a Substance Abuse Felony Punishment Facility (SAFPF). We dismiss for want of jurisdiction.

I. Background

The State filed a motion to revoke appellant's community supervision and to adjudicate guilt. Appellant pleaded "true" to all counts except 5, 6, and 10. After accepting appellant's pleas of "true" and "not true," the trial court heard evidence from the State and appellant and listened to arguments and recommendations of counsel. The State withdrew counts 5, 6, and 10, and the trial court found the remaining allegations true. However, rather than adjudicating guilt, the trial court continued appellant on community supervision, and as an additional term and condition of appellant's community supervision, ordered appellant to attend a SAFPF. Appellant perfected his appeal from this order, and his counsel filed an Anders brief with this Court. See Anders v. California, 386 U.S. 738, 744 (1967).

II. Appellate Jurisdiction

This is a direct appeal from an order modifying the conditions of appellant's supervision. There is no legislative authority, however, for entertaining such an appeal. See Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Lovill v. State, 287 S.W.3d 65, 74 (Tex. App.-Corpus Christi 2008, pet. granted) (dismissing Lovill's direct appeal from the trial court's order modifying her probation for want of jurisdiction and reversing and remanding the same order denying her petition for writ of habeas corpus for which the court of criminal appeals has granted petition). Therefore, we have no jurisdiction over appellant's direct appeal from the trial court's order modifying the conditions of his community supervision. See Davis, 195 S.W.3d at 710; Basaldua, 558 S.W.2d at 5; Lovill, 287 S.W.3d at 74.

III. Conclusion

We dismiss this appeal for want of jurisdiction. Because we have no jurisdiction to consider the appeal, counsel's motion to withdraw that was previously carried with the case is also dismissed for want of jurisdiction.


Summaries of

Kerwin v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Dec 10, 2009
No. 13-09-00097-CR (Tex. App. Dec. 10, 2009)

reaching the same result in a case where appellant's counsel filed an Anders brief in an appeal of an order modifying the conditions of appellant's supervision to require him to enter a SAFPF

Summary of this case from Laureles v. State
Case details for

Kerwin v. State

Case Details

Full title:ROBERT KERWIN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Dec 10, 2009

Citations

No. 13-09-00097-CR (Tex. App. Dec. 10, 2009)

Citing Cases

Laureles v. State

Therefore, we conclude that we have no jurisdiction over appellant's appeal from the order continuing her on…