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Preston v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 8, 2014
No. 05-13-01513-CR (Tex. App. Apr. 8, 2014)

Opinion

No. 05-13-01513-CR

04-08-2014

CARIE ANN PRESTON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F08-16690-H


ORDER

The Court REINSTATES the appeal.

On January 23, 2014, we ordered the trial court to make findings regarding why the clerk's and reporter's records had not been filed. We have received the clerk's record, as well as the trial court's findings. The trial court found that appellant desires to pursue the appeal, but that her notice of appeal was untimely. The record reflects that on October 4, 2013, the trial court denied the State's motion to proceed with adjudication of guilt, extended the period of appellant's supervision, and modified the conditions of her supervision. On October 28, 2013, appellant filed a notice of appeal seeking reconsideration of the October 4, 2013 order. Thus, although the notice of appeal was timely as to the October 4, 2013 order, the order extending and modifying her community supervision is not appealable. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Accordingly, we will dispose of the appeal in due course.

LANA MYERS

JUSTICE


Summaries of

Preston v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 8, 2014
No. 05-13-01513-CR (Tex. App. Apr. 8, 2014)
Case details for

Preston v. State

Case Details

Full title:CARIE ANN PRESTON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 8, 2014

Citations

No. 05-13-01513-CR (Tex. App. Apr. 8, 2014)