Ray Emmett Madden v. State ( 2019 )

Dismissed; Opinion Filed April 22, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00431-CR
RAY EMMETT MADDEN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-40260-M
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Partida-Kipness
On April 1, 2019, Ray Emmett Madden filed his notice of appeal. Two weeks later, his
appellate counsel filed a letter, stating that although he was appointed to represent appellant, the
trial court did not enter an order revoking appellant’s probation; rather, appellant’s probation
conditions had been modified. On April 17, 2019, the district clerk filed a copy of the trial court’s
March 20, 2019 “Order Modifying the Conditions of Community Supervision.”
Orders modifying conditions of community supervision are not appealable orders.
Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); see Davis v. State, 195 S.W.3d 708,
710 (Tex. Crim. App. 2006) (legislature has authorized appeal in two instances: one from order
granting probation and one from order revoking probation; “There is no legislative authority for
entertaining a direct appeal from an order modifying the conditions of community supervision.”).
Without an appealable order, this Court has no jurisdiction to entertain an appeal. Abbott v. State,
271 S.W.3d 694, 697 (Tex. Crim. App. 2008).
We dismiss this appeal.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190431F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RAY EMMETT MADDEN, Appellant On Appeal from the 194th Judicial District
Court, Dallas County, Texas
No. 05-19-00431-CR V. Trial Court Cause No. F15-40260-M.
Opinion delivered by Justice Partida-
THE STATE OF TEXAS, Appellee Kipness. Justices Whitehill and Pedersen,
III participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 22nd day of April, 2019.
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