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Spears v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 8, 2018
NUMBER 13-18-00020-CR (Tex. App. Feb. 8, 2018)

Opinion

NUMBER 13-18-00020-CR

02-08-2018

ARIELLE ELIZABETH SPEARS, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 36th District Court of San Patricio County, Texas.

MEMORANDUM OPINION

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

Appellant, Arielle Elizabeth Spears, attempts to appeal from an order modifying the terms of her community supervision. We dismiss the appeal.

On May 26, 2017, pursuant to a plea agreement, appellant pled guilty to the offense of felony forgery. Appellant was given a suspended sentence and placed on community supervision for a period of three years.

Thereafter, the State filed a motion to adjudicate guilt, alleging that Spears had violated the terms of her community supervision. A hearing on the motion was held on December 8, 2017. The trial court found that appellant violated the terms and conditions of her community supervision, but that Spears' community supervision should not be revoked. The trial court imposed sanctions extending community supervision for an additional year and requiring appellant to serve a term of confinement and treatment in a "special needs" substance abuse felony punishment facility (SAFPF) for a period of not less than 90 days but not more than twelve months. Appellant filed a notice of appeal on December 22, 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 Spears' community supervision, adjudicating her guilt, or assessing a jail or prison sentence. The trial court's order of December 8, 2017, modified the terms of community supervision including a "special needs" SAFPF.

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).

NELDA V. RODRIGUEZ

Justice Do not publish.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


Summaries of

Spears v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 8, 2018
NUMBER 13-18-00020-CR (Tex. App. Feb. 8, 2018)
Case details for

Spears v. State

Case Details

Full title:ARIELLE ELIZABETH SPEARS, 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 13-18-00020-CR (Tex. App. Feb. 8, 2018)