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Jackson v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 1, 2022
No. 05-22-00861-CR (Tex. App. Sep. 1, 2022)

Opinion

05-22-00861-CR

09-01-2022

JOHN JACKSON, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish Tex.R.App.P. 47.2(b) 220861F.U05

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F21-54009-X

Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

John Jackson filed a notice of appeal on August 29, 2022, stating he wished to appeal the trial court's August 2, 2022 order modifying the terms and conditions of his probation.

Orders modifying conditions of community supervision are not appealable orders. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); see Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) (legislature has authorized appeal in two instances: from order granting probation and from order revoking probation; there is no legislative authority for entertaining a direct appeal from an order modifying the conditions of community supervision). Without an appealable order, this Court has no jurisdiction to entertain this appeal. Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008); Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.-Dallas 1985, no pet.).

We dismiss this appeal for want of jurisdiction.

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered September 1, 2022


Summaries of

Jackson v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 1, 2022
No. 05-22-00861-CR (Tex. App. Sep. 1, 2022)
Case details for

Jackson v. State

Case Details

Full title:JOHN JACKSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 1, 2022

Citations

No. 05-22-00861-CR (Tex. App. Sep. 1, 2022)