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Jones v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 8, 2018
NUMBER 13-17-00658-CR (Tex. App. Feb. 8, 2018)

Opinion

NUMBER 13-17-00658-CR

02-08-2018

JACOB MICHAEL JONES, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 319th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Longoria

Appellant, Jacob Michael Jones, attempts to appeal from an order modifying the terms of his community supervision. We dismiss the appeal.

On March 1, 2017, pursuant to a plea agreement, appellant pled guilty to the offense of possession of a controlled substance (heroin). Appellant was given deferred adjudication and placed on community supervision (probation) for a period of three years.

Thereafter, the State filed a motion to revoke probation, alleging that Spears had violated the terms of his probation. A hearing on the motion was held on September 7, 2017. On October 30, 2017, the trial court issued an order imposing sanctions on defendant and continuing or modifying probation. The trial court found that appellant violated the terms and conditions of his community supervision and imposed sanctions requiring appellant to be placed in the intermediate sanction facility - Cognitive Track and wear a drug patch. Appellant filed a notice of appeal on November 1, 2017.

The right to appeal is conferred by the legislature, and a party may appeal only that which the legislature has authorized. Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993). A defendant has a right to appeal when his community supervision is revoked and he is adjudicated guilty and sentenced. See TEX. CODE CRIM. PROC. art. 42.12, § 23(b). To the contrary, there is no statutory basis for an appeal of an order modifying a term or condition of probation. See Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.—Houston [1st Dist.] 1999, pet. ref'd). Case law has long held that an order modifying or refusing to modify probation is not subject to appeal. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Perez v. State, 938 S.W.2d 761, 762-63 (Tex. App.—Austin 1997, pet. ref'd); Eaden v. State 901 S.W.2d 535, 536 (Tex. App.—El Paso 1995, no pet.).

In this case, the record does not contain any order revoking Jones' community supervision, adjudicating his guilt, or assessing a jail or prison sentence. The trial court's order of October 30, 2017, modified the terms of community supervision.

The Court, having examined and fully considered the documents on file, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).

NORA L. LONGORIA

Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 8th day of February, 2018.


Summaries of

Jones v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 8, 2018
NUMBER 13-17-00658-CR (Tex. App. Feb. 8, 2018)
Case details for

Jones v. State

Case Details

Full title:JACOB MICHAEL JONES, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Feb 8, 2018

Citations

NUMBER 13-17-00658-CR (Tex. App. Feb. 8, 2018)