Opinion
NO. 14-16-00463-CR
06-28-2016
JAMES AARON EDWARDS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 176th District Court Harris County, Texas
Trial Court Cause No. 1361419
MEMORANDUM OPINION
Appellant entered a guilty plea to the offense of fraud with the intent to obtain a controlled substance. In accordance with a plea bargain agreement, the trial court sentenced appellant on October 26, 2012 to two years' deferred adjudication, a $100 fine and six days in the Harris County Jail as a condition of probation. On March 22, 2016, the trial court ordered an extension of appellant's community supervision of two years. On May 18, 2016, appellant filed a pro se notice of appeal in which he asks to be released from the extended community supervision requirements. We dismiss the appeal.
In Texas, appeals in criminal cases are permitted only when they are specifically authorized by statute. State ex rel. Lykos, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011); see Tex. Code Crim. Proc. art. 44.02. Generally, a criminal defendant may only appeal from a final judgment. See State v. Sellers, 790 S.W.2d 316, 321 n. 4 (Tex. Crim. App. 1990). The courts of appeals do not have jurisdiction to review interlocutory orders in a criminal appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). See also Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014).
The extension of appellant's community supervision is not a separately appealable order. See Prevato v. State, 77 S.W.3d 317, 318 n.2 (Tex. App.—Houston [14th Dist.] 2002, no pet.). Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Busby, Donovan, and Wise.
Do Not Publish — Tex. R. App. P. 47.2(b).