Opinion
04-24-00189-CR
05-15-2024
Henry Benjamin JONES, Appellant v. The STATE of Texas, Appellee
Do not publish
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR0646 Honorable Joel Perez, Judge Presiding
Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice, Irene Rios, Justice.
MEMORANDUM OPINION
PER CURIAM.
Appellant Henry Benjamin David Jones pled nolo contendere to three counts of failure to stop and render aid in a collision involving injury. See Tex. Transp. Code Ann. § 550.021. On August 7, 2018, Jones was convicted on all three counts. He was sentenced to confinement for five years in TDCJ-ID, but his confinement was suspended, and he was placed on community supervision.
After Jones allegedly violated conditions of his community supervision, the State moved to revoke his probation.
On November 13, 2023, the trial court extended the period of Jones's community supervision and ordered him to enter the Bexar County Dually Diagnosed Residential Facility (DDRF) for in-patient care.
On February 28, 2024, Jones filed a motion for new trial, and in March 2024, he filed a notice of appeal. He complains that he has not yet been started in the DDRF program.
On March 22, 2024, we advised Jones that "[t]here is no legislative authority for entertaining a direct appeal from an order modifying the conditions of community supervision." See Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) (citing Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977)). We ordered him to show cause in writing by April 8, 2024, why this appeal should not be dismissed for want of jurisdiction. See Davis, 195 S.W.3d at 711.
To date, Jones has not filed a response.
Because the legislature has not authorized a direct appeal in these circumstances, see id., we dismiss this appeal for want of jurisdiction.
DISMISSED FOR WANT OF JURISDICTION