Opinion
No. 05-17-00396-CR
06-20-2017
On Appeal from the 194th Judicial District Court Dallas County, Texas
Trial Court Cause No. F11-54515-M
MEMORANDUM OPINION
Before Justices Lang, Myers, and Stoddart
Opinion by Justice Stoddart
George Lee Woods has filed a notice of appeal attempting to challenge the trial court's determination to modify his conditions of community supervision. We dismiss the appeal.
In 2012, the trial court convicted appellant of driving while intoxicated. Pursuant to a plea bargain agreement, the trial court imposed a ten-year sentence, assessed a $1,000 fine, and placed appellant on community supervision for seven years. On March 15, 2017, the trial court conducted a hearing on the State's motion to revoke probation. According to the trial court's docket sheet, appellant entered a plea of true to several violations, but the trial court chose to deny the State's motion and continue him on community supervision with the added condition that he serve a period of confinement in a substance abuse treatment facility. From the record, it does not appear that the trial court's order was ever reduced to writing.
Because the record does not contain an appealable order, the Court directed appellant to file a letter brief addressing the threshold issue of the Court's jurisdiction. In appellant's letter brief, counsel admitted that the record does not show an order was entered and appellant may not challenge the conditions of his community supervision. Counsel concluded appellant does not have grounds to appeal.
Without an appealable order, this Court has no jurisdiction to entertain appellant's appeal. See Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008); Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.—Dallas 1985, no pet.). A docket sheet entry does not constitute an appealable order. See State v. Shaw, 4 S.W.3d 875, 878 (Tex. App.—Dallas 1999, no pet.). Moreover, even if the trial court had reduced its order to writing, an order modifying the conditions of community supervision is not subject to direct appeal. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); see also Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006).
Because appellant is attempting to appeal a modification of his conditions of community supervision and because there is no appealable order in this case, we conclude there is no basis for this Court to exercise jurisdiction.
We dismiss the appeal for want of jurisdiction.
/Craig Stoddart/
CRAIG STODDART
JUSTICE Do Not Publish
TEX. R. APP. P. 47
170396F.U05
JUDGMENT
On Appeal from the 194th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F11-54515-M.
Opinion delivered by Justice Stoddart. Justices Lang and Myers participating.
Based on the Court's opinion of this date, the appeal is DISMISSED. Judgment entered this 20th day of June, 2017.