Opinion
No. 05-13-01107-CR
01-17-2014
JAMES EDWARD PHYTHIAN III, Appellant v. THE STATE OF TEXAS, Appellee
Dismiss and Opinion Filed January 17, 2014
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-47313-T
MEMORANDUM OPINION
Before Justices Francis, Lang-Miers, and Lewis
Opinion by Justice Francis
James Phythian pleaded guilty to possession of cocaine in an amount less than one gram. The trial court deferred adjudication of guilt, placed appellant on community supervision for two years, and assessed a $1,500 fine. After the State filed a motion to proceed to adjudication of guilt, the trial court denied the motion, extended the term of appellant's community supervision by sixteen months, and modified the conditions of his supervision. Appellant's counsel filed an Anders brief stating that this Court has no jurisdiction over the appeal. We agree that we lack jurisdiction over the appeal. An order amending community supervision conditions is not an appealable order. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).
We dismiss the appeal for want of jurisdiction.
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JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131107F.U05
JUDGMENT
JAMES EDWARD PHYTHIAN III, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01107-CR
On Appeal from the 283rd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. F11-47313-T.
Opinion delivered by Justice Francis,
Justices Lang-Miers and Lewis participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
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MOLLY FRANCIS
JUSTICE