Opinion
No. 05-05-01183-CR
Opinion Filed September 22, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F05-39950-T. Dismissed.
Before Justices MOSELEY, BRIDGES, and O'NEILL.
MEMORANDUM OPINION
Charles Muhammad entered a negotiated guilty plea to the offense of making a terroristic threat. Pursuant to the plea agreement, on April 7, 2005, the trial judge deferred adjudicating guilt, placed appellant on two years' community supervision, and assessed a $500 fine. The State later moved to adjudicate guilt. However, the motion was withdrawn and the conditions of appellant's community supervision were modified. Appellant filed a notice of appeal on August 24, 2005. To the extent appellant seeks to appeal the order deferring adjudication of guilt, his appeal is untimely. See Tex.R.App.P. 26.2; Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). To the extent he seeks to appeal the order modifying the conditions of his community supervision, the appeal is not permitted. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977). We dismiss the appeal for want of jurisdiction.
Appellant was indicted for aggravated assault. The offense was reduced pursuant to the plea bargain agreement.