Randolph Venson Brown Sr. v. State ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00006-CR
RANDOLPH VENSON BROWN SR. APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1454668D
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MEMORANDUM OPINION1
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On January 5, 2018, Randolph Venson Brown Sr. filed a pro se notice of
appeal from the trial court’s December 15, 2017 order modifying the conditions of
his community supervision. The trial court had originally placed Brown on
deferred adjudication community supervision on April 3, 2017 in accordance with
his guilty plea. Because an order modifying the terms of community supervision
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See Tex. R. App. P. 47.4.
is not appealable, we dismiss this appeal for want of jurisdiction. See Davis v.
State, 195 S.W.3d 708, 711 (Tex. Crim. App. 2006) (noting that modification
orders are not independently appealable because the legislature has authorized
appeal only of (1) orders granting deferred adjudication and (2) orders imposing
punishment upon adjudication of guilt). But cf. Tex. Code Crim. Proc. Ann. art.
11.072, § 3(b)–(c) (West 2015) (providing that person who is or has been placed
on community supervision may file an application for writ of habeas corpus
challenging the constitutionality of a condition of community supervision but only
if he first files a motion in the trial court seeking to amend the condition).
PER CURIAM
PANEL: BIRDWELL, J.; SUDDERTH, C.J.; and WALKER, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 15, 2018
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